History of the Church of Scotland, beginning the year of Our Lord 203 and continuing to the end of the reign of King James VI

NATIONAL
LIBRARY
OfSCOTLANS

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THE HISTORY

OF

THE CHURCH OF SCOTLAND.

JOHN SPOTTISWOOD,

ARCHBISHOP OF ST ANDREWS.

IN THREE VOLUMES.
VOLUME II.

EDINBURGH: M.DCCC.L

At a Meeting of the Committee of THE BANNATYNE
CLUB, held on Monday, the 29th of March 1847.

Resolved,

That Club Paper be furnished for One Hundred and Twelve Copies of
the Edition of ARCHBISHOP SPOTTISWOOD'S HISTORY OF THE
CHURCH OF SCOTLAND, in three volumes, octavo, to be Edited by
Bishop Russell for the Spottiswoode Society.

At a Meeting of the Committee of THE BANNATYNE
CLUB, held on Thursday, the 31st of August 1848.

A letter from the Secretary of the Spottiswoode Society was read, ex-
plaining that arrangements were now made with Messrs Oliver & Boyd for
completing the republication of Archbishop Spottiswood's History, under
the superintendence of Mark Napier, Esq., Advocate, in the event of the
Bannatyne Club continuing their Subscription, upon the same terms, as had
been agreed upon, when the Work was originally undertaken.

The Committee directed the Secretary to express their willingness to
Recede to the proposed arrangement, as their chief desire was to have the
Work completed under the charge of an ostensible Editor, whose name might
be a sufficient guarantee for the fidelity of the republication.

Extracted from the Minutes,

David Laiko, Secretary.

HISTORY

CHURCH OF SCOTLAND.

BEGINNING THE YEAR OF OUR LORD 203, AND CONTINUED
TO THE END OF THE REIGN OF KING JAMES VI.

RIGHT [iE\. .lUHN SPOTTISWOODE.

ARCHBISHOP OF ST ANDREWS, AND LORD CHANCELLOR
OF SCOTLAND.

WITH

BIOGRAPHICAL SKETCH AND NOTES,

BY THE

RIGHT REV. M. RUSSELL, LL.D., D.C.L.

IN THREE VOLUMES.

VOLUME H.

EDINBURGH:

PRlN'TKn hvm INK S/\)lTi6\VOOI)E SOcrETV
M.DCCCLI.

THE EDITOR'S PREFACE

TO THE SECOND AND THTED VOLUMES.

T the commencement of the first volume,
the Editing Committee of the Spottiswoode
Society have recorded, with just and ap-
propriate feeling, the unexpected depriva-
tion that has withdrawn, from this important
and much desired edition of Spottiswoode's History, the able
hand which originally conducted it. The untimely death of
Bishop Russell was a loss to letters, to this work, and to the
Church of which he was so distinguished an ornament. When
the melancholy event occurred, two volumes of the History
remained to be passed through the press, and the right reve-
rend Editor had not left any notes for their illustration.
Under these circumstances, the Spottiswoode Committee hon-
oured me with the request to assume the unfinished task, and
to edit the two remaining volumes. With no slight hesita-
tion I agreed to occupy the place of one so much better
qualified, in every respect, for an undertaking of tlais nature.
But I was somewhat relieved to find, that the most import-
ant part of that undertaking, the collation of the various
manuscripts for the production of the present accurate text,
had been completed by the Bishop, and that an old copy of
the History, corrected by himself for the press, was at my
disposal. It only remained for me, therefore, carefully to
revise the proof-sheets, and to follow out my predecessor's
judicious plan, of placing at the end of each Book such
notes as might seem aptly to illustrate, or to supply defi-

IV THE EDITOR S PREFACE.

cieiicies in the text of our author. In these historical iUus-
trations, however hmitcd, I have endeavoured to combine
popular interest with some antiquarian research. They are
chiefly derived from original sources, not very accessible to
the general reader.

Considering that the Bishop, as already mentioned, had
completed the arduous and important task of collation, it
occurred to myself to suggest, that the uniformity of the title
pages ought not to be disturbed, nor the credit of the publi-
cation diminished, by withholding from the last two volumes
an editorial name and authority so much more eminent
and attractive than my own, which it was proposed to sub-
stitute.

In the Life of the Archbishop prefixed to the first volume,
it was inadvertently stated (p. xlv) that the autograph letter
from King Charles no longer exists. The original, how-
ever, is still preserved in the archives of the Spottiswoodc
family. It may also be mentioned, that the Archbishop's
will (p. cxxx of the prefixed Life), now first published, was
copied from the original, in his own handwriting, which is
also preserved by the famih%

Mark Napier.

6 AiNSLiE Place,
December 6th, 1850.

HISTORY

CHURCH OF SCOTLAND.

THE FOURTH BOOK.

THE CONTENTS.

THE THINGS THAT FELL OUT AFTER QUEEN MARY HER COMING FROM
FRANCE INTO THIS KINGDOM, UNTO HER RESIGNATION OF THE
CROWN TO KING JAMES HER SON.

'HE queen preparing to return home was
taken witli the fever tertian, and forced to
stay at Janville some months. In the end
of June she came to Paris, where Francis,
earl of Bedford (who was sent from England
to condole King Francis his death), did in the name of his
mistress salute her, and after some gratulatory speeches for
her recovery, propone the ratification of the contract made
at Leith, entreating the performance of it.' The queen
thanking her sister for her kindness, answered, " That she
was not as yet in perfect health, but hoped shortly to be
well." Touching the ratification, she said, " That she remem-

' [Tytler, quoting " State-Paper Office, French Correspondence, r2th Feb-
ruary 1560-1," says : " Bedford arrived at Paris on the 3d of February, and on
the 15th of that month proceeded to the court at Fontainbleau, where he de-
livered his message to the Scottish queen."— Vol. vi. p. 211, Edit. 1842.— E.]
VOL. II, 1

2 THE HISTORY or THE [a. d. 1561.

bered the business, but could give no resolute answer, till
she had the advice of the nobles and estates of her own realm.
For though the matter concerned her principally, yet the
same did touch them also : and they having showed them-
selves displeased in former times, because she did not take
their advice in affairs, would now be much more offended, if
she should proceed in that matter not having first acquainted
them therewith. But, as she trusted, the same should not
be long a-doing, seeing she intended to make her voyage
shortly home." The ambassador replying, that there was
no cause to doubt of their consents in that particular, the Ac-
cord being made by themselves, — " It was made," said the
queen, " by some of them, not by all ; and when I come
amongst them, it will appear what mind they are of. But I
will send," saith she, " Monsieur d'Oysell to my sister, who
shall give her, I trust, good satisfaction ; and by him I will
signify that I am to go into Scotland, and will require those
favours of her that princes do one to another in the like
cases."

Soon after this she sent Monsieur d'Oysell into England,
with a direction that, after he had done this message unto
the queen, he should gx> into Scotland, and take order that
the garrisons kept in the castle of Dunbar and the isle of
Inchkeith should keep those forts until she were safely ar-
rived. But the queen of England, taking ill the delay of the
ratification, answered him in the hearing of all her attendants,
" That except the queen of Scots did confirm the conditions
agreed upon at Leith, wherein she found herself still frus-
trated, there could be no perfect amity amongst them ; and
if she would do that, the kindness which became a queen, her
cousin and neighbour, should not be wanting on her part."
This she desired him to report, and leave his journey unto
Scotland, for that she would not permit the same through
her country.

The queen of Scots, highly offended with this answer, did
call Nicholas Throgmorton,the ambassador legier of England,
and kept a long conference with him about these matters,
which out of the ambassador's own letters sent to the queen,
his mistress, I shall relate. Commanding her attendants to
go aside, she broke forth in these speeches : "How great
soever my weakness be, I like not to have so many witnesses

A. D. 1561.] CHURCH OF SCOTLAND. 3

of it as your queen of late had, when she talked with Mon-
sieur d'Oysell. And now I must tell you, that nothing
grieves me more than that I should have desired a thing of
her that I stood in no great need of: having God's favour,
I can return to my country without her leave, as I came
hither against the will of King Edward her brother. Neither
do I lack friends that both will and may convey me safely
thither ; yet I desire rather to try her friendship than any
others. Oftentimes you have said, that it were good both
for ourselves and for our kingdoms that we should live friends,
and keep kindness one to another ; but it seemeth not that
she is so minded, otherwise she would never have returned
me such an answer. It is like she favoureth my rebelhous
subjects more than me ; yet she should with reason think
that my subjects who have rebelled against me will never be
so trusty and loving to her as I myself. My friends do
marvel what her purpose could be in assisting my subjects
against me ; and now to hinder my return unto my own
country, being a widow, I know not what it should mean.
I work her no trouble, I have no meddhng with the affairs
of England; and yet I know there be numbers in that
country who are not well contented with the present times.
I require nothing of her but amity and friendship, and this I
cannot have. She objects to me, that I have small experi-
ence of the world. It is true that years bring experience ;
yet I am of that age that I know how to carry myself to-
wards my friends and well-willers. I will not use many
speeches unwortliy of her, but let me with her good leave
say, that I am a queen as she is ; that I have as good friends
and as good a stomach as herself. But comparisons they
say are odious, therefore I will contain myself.

" For that treaty at Leith wherewith she so troubleth her-
self, it was made whilst the king my husband was ahve, to
whom, according to my duty, I was in all things obsequent.
That he delayed to ratify the Accord, it was his fault, not
mine. After his decease the council of France left me to my
own counsellors, neither would my uncles meddle in Scottish
affairs, lest they should offend. The Scots that are here with
me are not counsellors, neither can I deliberate with them in
so weighty matters : as soon as I have consulted with the
Estates of my kingdom, I shall give her a reasonable answer,

4 'JlIE IllSTOUY OF THE [a. U. 1561.

and that she may have it the sooner, I shall haste my journey
homewards. But she perhaps will belay my way, and so
impede her own satisfaction ; and it may be she desireth no
satisfaction of her demands, that there may be always some
occasion of jarring and discord amongst us. She casteth often
iu my teeth that I am young and unadvised; and so she might
justly think me, if I should treat of matters of such import-
ance without the advice of my Estates. The wife is not bound,
as I have heard, to answer for her husband's doings, either
in honour or conscience ; but as now I will not reason that
point. This I may truly say, that I never did any thing to
my sister which I would not have done to myself. I have
always performed the duty of a kinswoman unto her ; but
she doth either not believe it, or then despiseth my friend-
ship. Would to God I were as dear to her as I am near of
blood, for this were a precious sort of kindred ; but God for-
give them, if there be any, that stirreth up these contentions
amongst us. You are her ambassador, let me know what it
is offendeth her, or in what word or action I have wronged
her."

Hereunto Throgmorton answered. " Madame, I have no
commission to your majesty but for the ratification of the
treaty of Leith ; yet if you will have me to show what I
think be the cause of my mistress's offence, I will tell it in
few words, but not as an ambassador. How soon the queen
my mistress was crowned, you usurped the title and arms of
England, which during quecu Mary's reign you never at-
tempted ; and a greater injury could not be offered to a
prince than that was." " But," saith she, " my father-in-law
and husband, Avho lived both at that time, commanded me so
to do : after they were deceased, and since T have been at
mine own liberty, I have neithor used her arms nor titles.
And yet I sec not what wrong it can be to me, who am
a queen, and had to my grandmother the eldest sister of King
Henry the Eighth, to use the arms of England, seeing others
more remote in blood have done the hke. The marquis of
Exeter, and duchess of Suffolk niece unto Henry the Eighth
by his youngest sister, did bear the arms of England, with
borders for a difference ; and sliould it be imputed as an in-
jury to me so to do ? But well I see," so she concluded,
" that nothing I do is taken in good part."

A. D. 1561.] CHURCH OF SCOTLAND. 5

The queen of England in the mean time faUing in some
jealousy of the lords of Scotland, because of that which the
queen had said, " That the treaty of Leith was not made by
all their consents, and that when she should be amongst them
it would appear whether they continued in the same mind,"
sent a letter full of sharpness to the nobihty and council ;
wherein, after an ample declaration of the friendship done to
them in the late aid they received against the French, she
complained of the delays made in the ratification of the Ac-
cord past at Leith, which, as it seemed by their queen's
words, was in their default, seeing she had said, " That
before she gave a resolute answer in that matter, it behoved
her to know their minds ;" whereof she could not be igno-
rant, so many of themselves being with her of late, and
messengers going daily betwixt them : therefore she desired
to know if they did mind to keep the peace contracted ; and
if they continue in that mind, that they should procure the
queen to ratify it, at least to advertise her what she might
look for at their own hands.

This letter was speedily answered by the council, with
great attestations that it never came in their minds to break
the peace contracted, for in so doing they should make them-
selves infamous in the world, and sin highly against their
consciences. Of the delay which their queen made and the
reasons thereof, they professed to be ignorant. Therefore
entreated her majesty to be persuaded of them, that next to
the glory of God they would study to keep the peace in-
violate, and that there should be no blame in them if the
ratification was not made to her contentment.

Whilst these things passed at home, the queen of Scots
set forward to Calais, attended by the cardinals of Lorraine
and Guise, the dukes of Guise and d'Aumall, the Grand Prior
and the Marquis d'Elbeuf her uncles, the duke of Nemours,
Monsieur d'Anvile the constable's son, and divers others her
friends and kinsmen. At Abbeville, which is in the way to
Calais, she sent for the English ambassador, and asked him
by what means she might satisfy Queen Elizabeth. He
answered, " by ratifying the treaty of Leith." To whom she
replied, " I have very just reasons to refuse it, which ought
not to be interpreted as delays. For, first, that treaty should
have been confirmed by my husband and me, and cannot

6 THE HISTOUY OF THE [a. D. 15G1.

now be ratified unless it be concluded in my own name alone,
seeing the king, then my husband, is expressly named in the
Accord. Next, the most of the articles arc performed, for
all preparations of war arc ceased and the French called
back from Scotland. But the queen oifendcth," said she,
" that I use the title and arms of England. This I have
not done since my husband's death. And if it be alleged
that the same is used in the letters patents given me tlirough
France, it is known I cannot hinder that, for they who pass
those letters are not my subjects. And for the articles con-
cerning religion, I trust my own subjects shall have no cause
to complain of my severity. Thus, what I may do I will, to
give my sister satisfaction. And I pray you, Monsieur
I'Embassadeur, do the part of an ambassador, and rather
pacify the queen than exasperate her in any sort." So
earnest she was to have all matters of quarrel laid aside, fear-
ing that the queen of England should seek to intercept her by
the way : and, indeed, a navy was put to sea under colour
of suppressing pirates, but the taking of one of the ships,
wherein were the earl of Eglinton and other passengers,
made it suspected that a worse thing was meant. Always
it fell out so, that the queen of Scots having a prosperous
wind, passed by the English ships (the weather being foggy)
unperceived, and on the sixth day after her embarking, which
was the twentieth of August 1561, did safely arrive at
Leith.

The fame of the queen's coming noised abroad ; the no-
bility from all the parts of the realm assembled to congratulate
her return, and besides them numbers of all sorts of people
convened as unto a joyful spectacle ; for they had not soon
the face of their sovereign for many years, and after her
marriage with the French king, had scarce any hope of a
king to reside amongst them, which would most certainly
have happened if any succession had followed of that
marriage. For Scotland in that case would have been but
an accession to France, the mightier kingdom ; as Henry the
Seventh foretold of England (and wo have seen it verified in our
days), drawing unto it the weaker and lesser crown. That the
queen therefore was now returned, and they delivered of the
fears of redacting the kingdom into a province, they did justly
esteem it one of the greatest benefits that could happen unto

A, D. 1561.] CHURCH OF SCOTLAND, 7

them. Then, when they called to mind the variableness of
fortune, how she, left a pupil of six days old only, by the
death of her father, was exposed as a prey to those that were
most mighty, and partly by civil seditions at home, partly
by the invasions of extei'nal enemies from abroad, even before
she could have any sense of trouble, was forced to forsake
her country, and relegated, as it were, into exile, having
hardly escaped the hands of enemies that lay in wait to in-
tercept her, and the violence of tempestuous and raging
seas ; and again, when fortune began to smile a little upon
her, and she was honoured with a royal marriage, how these
joys on the sudden came to be changed into extreme sorrows,
being first deprived of her mother, then of her husband, a
new kingdom lost, and her ancient crown which belonged to
her by inheritance standing in a state very uncertain : whilst,
I say, they called to mind these variable fortunes, and there-
with considered the excellencies that nature had bestowed
upon her, as the beauty and comeliness of her person, her
mild inclination and gracious demeanour toward all sorts of
people, it cannot be told what a joy and love this begat in
the hearts of all the subjects.

The beginning of her government was hkewise very gra-
cious ; for some few days after her arriving, in a council kept
with the nobility to remove the occasions of trouble, she con-
descended that no change nor alteration should be made in
the present state of rehgion ; only she would use her own
service, as she said, apart with her family, and have a mass
in private. This was thought by many a thing not intoler-
able, considering she was the sovereign princess of the realm,
and educated from her youth in the Roman faith, from which
there was hope, by better instruction and humble and courte-
ous behaviour, she might be reclaimed : yet the preachers in
their sermons did publicly condemn that toleration as unlaw-
ful. And amongst the nobility, the earl of Arran did oppose
it, taking protestation that he did neither agree to private
nor public mass ; which highly displeased the queen, and
was thought to have alienated her affection, that before
seemed much inclining towards him.

There fell out upon this an accident which was like to
have caused great trouble. The queen purposing to hear
mass the next day in her chapel of Halvrudhouse, whilst

8 THE HISTORY OF THE [a. D. 1561.

the tapers and other things required to that service vrere
carried through the court, one of the common sort invading
him that bore the wax-hghts, brake them all in pieces, and if
by the intervention of some more moderate spirits the tumult
had not been repressed, the rest of the furniture had been
■wholly spoiled, and that day mass disappointed. It was
held a proud and insolent fact, and condemned by many ;
others said that the patience of men was too far tempted,
and some maintained that if right were done, the priest, ac-
cording to God's law made against idolaters, ought to suffer
death. But this stir was quickly appeased by Lord James,
much against the earl of Huntly his mind, who by this oc-
casion thought to win credit with the queen, and, in confer-
ence with her uncles, bragged that if the queen pleased to
use his service, he would reduce all the north countries to
the Roman profession. But his courses being suspected, and
the queen misliking all counsels that tended unto trouble, no
heed was given to his offers.

The month following was spent in the entertainment of
the French that had accompanied the queen homewards.
They made but short stay in the country ; for about the
midst of September, Duke d'Aumall returned unto France
by sea ; the Grand Prior and Monsieur d'Anvile took their
journey through England ; the Marquis d'Elbeuf of all
that company only remained, and abode all the winter with
the queen.

In this mean time was William Maitland of Lethington
directed to the queen of England with letters both from the
queen and from the nobility. The queen's letters were full
of kindness, tending all to express the love and affection she
bare unto her as to her dearest sister and kinswoman, and the
desire she had to continue in true and sincere friendship with
her. The letters sent by the nobility were to the same
effect, but containing tliis more, that the surest way to
preserve friendship and true amity amongst them two was,
to declare the queen of Scots her nearest and lawful heir to
the crown of England, in case she should have no issue.
Lethington urging this last point strongly, as he was com-
manded, after he had used his best persuasions to that effect,
was answered by the queen of England as followeth. " I
did expect another message from your queen than this is

A. D. 1561.] CHURCH OF SCOTLAND. 9

which you have brought me, and do marvel that she should
forget the promise made before her coming out of France,
touching the ratification of the treaty of Leith ; which was,
that how soon she returned to her own country, she should
give me a full and resolute answer. I have long enough,"
said she, " suffered myself to be abused with fair speeches, and
now it had been time, if she had regarded her own honour,
to have made good her promises." Lethington repHed, that
within a few days after the queen took land he was employed
in this legation, and that she had no leisure to deal in any
public matters, being taken up with admitting the noblemen
that came to welcome her into the realm, and with the settling
of the estate of religion, which her majesty understood to be
a work of no small weight ; neither were all the noblemen,
whose advice she must take in matters of that importance,
come into the court before his parting from it. Here the
queen interrupting his speech, said, " What need is there of
advice or counsel to do that which by her subscription and
seal she is bound to perform?" He answered, that no
commission was given him in that matter, nor did his mistress
think that any account thereof would have been required of
him, but that she might justly excuse herself by the oc-
casions he had mentioned. Then after a few more speeches of
that purpose, the queen returning to the chief point of his
legation, said, " I have observed that you have often in
your discourse said, that your queen is descended of the
blood-royal of England, and that I am obhged to love her,
as being nearest to me in blood of any other ; which I
neither will nor can deny. Neither have I in any of my
actions (as the world knoweth) attempted ought against the
safety and tranquillity of her and her kingdom ; yea they that
be most inward with me can witness, that even when I had just
cause of offence given me, by her usurpation of the titles and
arms of England, I could never be induced to think other
than that this was the politic device of some enemies, to breed
dissension amongst us. But hoAvsbever that be, I hope so
long as I live she shall not bereave me of my kingdom, nor
yet be able, if God shall bless me with children, to impede
their succession. And if it shall happen otherwise that I be
taken away, she shall never find that I have prejudged the
right which she claimeth to the kingdom of England. What

10 THE HISTORY OF THE [a. D. 1561.

a right it is, I have never been curious to know, nor do I
purpose to search and examine it, but will leave the same to
the cognition of tliosc whom it eonccrneth. This your queen
may assuredly expect at my hands, that I shall never wrong
her, nor her cause, if it be just in the least point. And God I
take to witness, who heareth this our conference, that, next
myself, I know not any whom I would prefer to her, or who
(if the title should fall to be controverted) might exclude
her. You know," saith she, " who the competitors be : but,,
alas ! what power or force have those weak creatures to
attempt so great an enterprise ? Always the matter itself
is weighty and of great importance, which I* will take time
to think upon."

After some few days, calling Lethington unto her, she
said, " That it seemed strange to her, how the nobility at the
queen's first coming should put up such a request to her,
seeing they knew there was no reparation made of former
wrongs; and to desire," saith she, " that I should gratify their
queen, having received so great an injury, without any
amends made, is it not in effect as much as to boast and
threaten me? If they will take such a course, I would
have them think that I am strong enough for them at home,
and lack not friends abroad that will defend and maintain
my right." Hereunto he replied, that in his first speech he
had clearly discovered the intention of the noblemen, how,
partly out of that duty which they owed to their sovereign
and the defence of her honour, pai-tly out of a desire to
confirm and assure the peace begun betwixt the two realms,
they had made this motion ; and that the reason why they
dealt so plainly with her, was not only the experience they
had of her favour in times past, but also the respect of
their own safety. For if any should oppose the queen's
right, and thereupon wars should arise betwixt the two
kingdoms, they must needs be driven to hazard their lives
and fortunes. Wherefore they thought that their motion
was not to be ill talccn, seeing it tended to the cutting away of
all occasions of discord, and to the establishing of a solid peace.

" True," saith she, " if I had attempted any thing to the
hurt of your queen's right, they might with reason have
required me to amend it. But when 1 am yet in health and
life, to desire me- to prepare mine own winding-sheet, is a

A.I), 1561.] CHURCH OF SCOTLAND. 11

thing without example, nor hath the like ever been required
at the hand of any prince ; yet I take in good part the
meaning of your lords, and am glad of the good affection
they bear to their queen, and the care they have to advance
her honour. I think it likewise wisdom in them to foresee
the dangers they may run into, and like well that they do ab-
hor the shedding of Christian blood, which I confess could not
be avoided if any faction should arise and lay claim to the
crown. But where or what is that faction ? or Avliat force can
they have ? Always, leaving these things, suppose I had
an inclination to satisfy their desire, think you that I would
rather gratify your lords herein than the queen herself?
No, I will tell you, I have many other reasons that stay me
from taking such a resolution. First, I know what a
dangerous thing it is to touch this string, and I have ever
upou great respects abstained from bringing in question the
right of the crown ; for so often hath the controversy of
marriage, lawful and unlawful, of legitimate and base-born
children, been agitated according as men's affections and
humours led them, that even in regard of those disceptations
I have hitherto forborne to match with any husband. Once
at my coronation I was married to this kingdom, whereof
always I carry this ring for a pledge (pointing to a ring
she wore on her finger) ; and howsoever things go, I shall be
queen of England so long as I live ; when I am dead, let
them succeed who have the best right. If your queen hath
it, I shall not wrong her in the least point ; and if it belong
to another, it were not reasonable to desire me to do them
an open and manifest wrong. If there be any law which
may bar her title, it is unknown to me, for I do not willingly
think of these matters ; but if there be any such, when I
received the crown, I sware to my people that I should not
change their laws.

" Now, where you said that by declaring your queen my
successor our affection should become more firm, I rather
fear that it should be the seed of a most bitter hatred. For
think you that I will behold wilUngly the preparation of
mine own funerals ? It is natural to princes to be jealous
even of the children that by birthright are to succeed them.
How did Charles the Seventh of France carry himself
towards Lewis the Eleventh, and he again towards Charles

12 THE HISTORY OF THE [a. D. 15G1.

the Eighth, or King Francis of late towards Henry who suc-
ceeded him ? And is it prohablc that I should be otlierwise
disposed towards my cousin, if once she shall be declared
heir unto my crown ? No, be sure I shall have the very
same mind Avhich Charles the Seventh showed to Lewis the
Eleventh.

" There is another thing which I esteem of an exceeding
great weight. I know the unconstancy of the people, how
they loathe always the present government, and have their
eyes continually set upon the next successor ; and naturally
they are more that look, as it is said, to the sun rising than
to the setting of the sun. To omit other examples, this 1
know by mine own experience. When my sister queen
Mary reigned, how earnestly did a number wish to see me
placed on her throne ! What a desire had they of my ad-
vancement ! If I had but given my countenance to their
practices, they would have refused no peril in bringing the
same to effect. Now it may be, the same persons arc not of
the same mind towards me. As children that dream that
apples are given them arc greatly joyed, but in the morning
when they are awaked, and find themselves deceived, they fall
a-weeping ; so they who loved me exceedingly when I was
but called Elizabeth, and if I perhaps gave them any good
countenance, thought with themselves, that how soon I was
made queen, they should be rewarded rather according to
their own conceit than any service done unto me, now when
they find that the issue answercth not their expectation,
some of them, it may be, in hope of a better fortune, would
not dislike a change of the government. For the greatest
wealth that ever any prince had, or can have, is not able to
satisfy the unsatiablc covctousncss of men. And if this be
our case, that the affection of our people is so easily changed,
as when we keep a greater moderation in our largesses than
they think we ought, or perhaps for some other light cause,
they grow discontented, what may we think shall come to
pass when seditious people have a certain successor designed,
to whom they may open their griefs, and betake themselves,
if they be in any sort displeased ? In wliat a peril think you
I should live, having so mighty a ncigiibour princess to suc-
ceed me ? To whose grandeur look how mucli I shall add by
confirminsr her succession, so much I shall detract from mine

A. D. 1561.] CHURCH OF SCOTLAND. 13

own secui'ity. This peril no caution can assure, nor the
bonds of any laws avert. Princes also who live in expecta-
tion of kingdoms do hardly contain themselves within the
limits of right and reason. Surely I myself would never think
my estate assured, if once my successor were known to the
world." This is the sum of that which passed at his second
audience.

Not many days after getting access, he asked the queen
what answer she would give to the nobility. She said, " At
this time I have no answer to give, but that I approve the
affection and sedulous care they have of their sovereign's good
estate ; but the matter is of such weight as I cannot on a
sudden nor directly answer it. When your queen shall per-
form her promise concerning the treaty of Leith, it will be
time to require a proof of my affection towards her ; till
then I cannot with safety of mine honour gratify her in any
thing."

Lethington repUed, as before, that he had no commission
in that business, and that m the matter of succession he had
showed more his own judgment than the mind of the queen
his mistress ; for he could never think the confirmation of the
treaty of Leith to be a thing of that importance as for the
delay or refusal of it the queen of Scots and her posterity
should be excluded from the succession of the crown of Eng-
land. " Neither will I now," saith he, " inquire by whom that
treaty was concluded ; at what time, in what manner, by
what authority, and for what cause it was done ; for I have
no warrant to speak of these things. But this I dare affirm,
that albeit the queen, following her husband's direction, had
ratified the treaty, she should have found herself thereby so
far interested as she would doubtless have used all means to
free herself of the same. And this I say not in the
queen's name, but only to make it seem that our noblemen
have reason to travail that all debates and controversies may
cease, and a firm and perpetual peace may be established."

This, and some other speeches interchanged amongst them
touching the treaty, moved the queen of England to agree
that the same should be revised by some commissioners, and
corrected after tliis form. That the queen of Scots should
thenceforth abstain from using the EngUsh arms, and from
the titles of the crown of England and Ireland, during the

14 THE HISTORY OF THE [a. D. 15G1.

life of queen Elizabeth and her posfcrity. That on the other
part, the queen of England shouki oblige herself, and the
cliildi-en begotten of her, to do nothing in prejudice of the
queen of Scots her succession. These were the things acted
in this legation.

Now at home, the queen, keeping a progress in the coun-
try, went from Edinburgh to Stirling, from thence to Perth,.
Dundee, and St Andrews, and other special burghs, where
she was received with much honour and triumph ; returning
to Edinburgh a little before the feast of INlichaelmas, at
which time the burgesses are wont to elect their annual
magistrates, and to set down statutes for the good of the
town. Amongst other acts, one was published, inhibiting
that any adulterer, fornicator, drunkard, mass-priest, or
obstinate papist, should be received in the town, under such
pains as the law did prescribe. The queen interpreting that
to be an usurpation of royal power, did commit Archibald
Douglas, provost, to the castle of Edinburgh, charging the
council of the town to make a new election, which they
obeyed, choosing Mr Thomas Makcalyean in his place. A
proclamation was likewise made, granting liberty to all good
and faithful subjects to repair and remain within the burgh
at their pleasure, for doing their lawful and ordinary busi-
ness.

These things ministered great offence, especially to the
preachers, who seeing the queen take more liberty than she
did in the beginning, keeping her masses more public, and
causing them to be celebrated with a greater pomp, did
mightily complain thereof in their sermons, but proiited
httle ; for some of the noblemen, who had in former times
showed themselves most zealous against the toleration of
idolatry, were grown a little more cold by the flatteries of
the court, and all of them, emulous of others' greatness, were
striving who should be in most favour with the queen.

She had some while before this taken to be of her privy
council the duke of Chatelherault, the carls of Huntly,
Argyle, Athole, Morton, Marsliall, Glencarne, Montrose,
and Erroll, Lord James her brother, the Lord Erskine, and
Mr John Lesley, bishop of Ross. Huntly was created
chancellor, one that in matters of religion had behaved him-
self very unconstantly, and to win the queen's favour was

A. D. 15G1.1 CHURCH OF SCOTLAND. 15

now become altogether popish. This animated the priests
and others of that fliction, which before were quiet, and put
them in some heart.

One Ninian Winyet, schoolmaster at Linlithgow, a man of
reasonable learning, set forth a book of questions against the
Confession of Faith ; which went current in the court, and
was much esteemed by them of his profession. Being cited,
and divers conferences kept with him to make him acknow-
ledge his errors, he continued obstinate, and was therefore
sentenced by the Church ; whereupon he forsook the country,
and flying to Germany was preferred to be abbot of the
Scottish monastery at Ratisbon, where he lived many years.
The abbot of Crossraguel in the west published about the
same time another faith. Whereunto John Knox having
made a reply, the author, in regard of his age and quality of
birth (for he was of the house of Cassils), was thought fit to
be overseen.

Meanwhile the court was busied in a consultation how to
supply the charge of the queen's house, which the ordinary
revenues of the crown could not so honourably maintain as
was required. Divers ways being thought upon, the readiest
seemed to fall upon the Church-rents, and draw somewhat
from the prelates and beneficed persons. To this purpose
they were convened before the council, and after a long
treaty, and many persuasions used, considering with them-
selves how they subsisted merely by the queen's favour, and
that by refusing a part they might endanger the whole, they
were induced to yield the third part of their benefices to be
disposed of at the queen's pleasure, and assumed forth of
what places her collectors should choose ; her majesty secur-
ing them of the two parts during their lives, and liberating
them of the ministers, with whose maintenance they were
continually boasted. It carried some show of commodity this
at first, but turned to little or nothing ; the prelates and
beneficed men undervaluing their rents, and making up a
third, which did afterwards, when the number of ministers
increased, scarce suffice to their provisions.

Much about this time a rumour was raised in the court,
and went a while uncontrolled, that the earl of Arran in-
tended to ravish the queen, whom he was known to love
most passionately. She, whether counterfeiting a fear, or

16 THE HISTOKY OF THE [a. U. 15G1.

that there was any cause given that way, it is not known, did
levy a guard of horse and foot to attend her person, which
put divers in feai', and opened the mouths of discontented
people, as if some grounds of tyranny had been thereby laid.
But she not regarding these surmises, and careful only of the
country's quiet, laboured earnestly to have justice take
place ; and the borders then being unquiet, sent her brother
Lord James thither, with a commission of lieutenantry, which
he faithfully discharged, using exemplary punishment upon
a number of broken men, and taking pledges of others for
living obedient to the laws. For this service, at his return
he was preferred first to the earldom of Mar, and a little
after to the earldom of Murray : for the Lord Erskiue, hav-
ing claimed title to the country of jNIar, was by the queen
made earl of the same.

Huntly offending that these honours should have been
conferred without his consent, and he thereby put from the
possession first of Mar, then of Murray, which he had en-
joyed since the death of King James the Fifth, and because
of that long possession was reckoned to be a part of his own
patrimony, resolved, since he saw his own credit and author-
ity waning, before that of Murray's was fully settled, to
undermine him by one mean or other : whereupon by scan-
dals, detractions, and other the like courses familiar in the
courts of princes, he laboured to disgrace him ; and finding
that these prevailed not, presented to the queen a libel
written with his own hand, wlierein he charged the earl of
Murray with ambitious affectation of the royal authority.
Yet the proofs he brought being weak, the queen made no
account thereof. This also failing, he incited James Hep-
burn, earl of Bothwell (one that had debauched his patri-
mony, and had all his hopes depending upon the public
disturbance), to set the earl of Murray and the Hamiltons by
the ears : which he assayed to do, first by persuading the earl
of Murray to ruin Duke Hamilton, who, as he said, lay
waiting on the quccu's death, and aimed at no less than the
crown, and besides bare a particular enmity to himself.
This he said could not but be acceptable to the queen, seeing,
besides the natural hatred that all princes carry to their
successors, she did bear a special grudge to tiie earl of Arran
for his love to the reformed religion, and because of some

A. D. 1561.] CHURCH OF SCOTLAND. 17

hard speeches that fell out in a conference betwixt him and
her uncle the Marquis d'Elbeuf.

The earl of Murray abhorring such unhonest practices,
and refusing to hearken thereto, his next address was to the
Hamiltons, offering to take part with them in cutting off the
earl of Murray (whose credit with the queen he knew they
disliked), and showing how easily it might be done. By
this means, he said, they should have the queen in their own
hands, and be rid of him who chiefly stood in their way.
The time and place of the murder being considered upon,
Bothwell and Gawin Hamilton, abbot of Kilwinning, are said
to have taken the matter in hand. The device was to kill
the earl whilst the queen was at hunting in the park of Falk-
land, and, that performed, to carry the queen along with
them for their greater surety, and the countenancing of the
fact.

The earl of Arran, who had withstood the conspiracy,
perceiving them resolute in that they had undertaken, and
fearing it might take effect, advertiseth the earl of Murray
of the plot laid against his life. Murray rendering him
many thanks, the letter was intercepted by some that dis-
liked the intelligence they kept with others, and finding by
the answer what advertisement he had made, persuaded the
duke his father to send him with some keepers to the house
of Kinneill. But he making an escape in the night came to
the house of Grange in Fife, and sending to the earl of
Murray to show what had happened, was the next morning
conveyed by him to the queen in Falkland ; and at his
coming he discovered the whole practice unto her ; where-
upon Bothwell and Kilwinning were both apprehended, for
they were come to Falkland of intent to clear themselves.
Arran being brought before the council to be examined, was
observed to be in some perturbation of mind, and being
dimitted for that time, was at his next appearing clearly
perceived by his words and countenance to be taken with a
phrensy ; yet when he came to himself, as he did sometimes
in the beginning of the disease, he wrote to the queen and
others so judiciously, as many thought he did only feign him-
self mad, to free his father of the conspiracy. The rest ho
accused so constantly and with such eagerness, that in pre-
sence of the council he made offer, since the accusation could

VOL. II. 2

18 THE HISTORY OF THE [a. D. 1561.

not be made out by witnesses, to try it in single combat with
Both well. But the queen, misliking that form of trial, made
Bothwell to be sent to the castle of Edinburgh, and the
abbot of Kilwinning to the castle of Stirling, committing
Arran to the custody of some persons at court.

And now Huntly imagining that he had a fair occasion to
put Murray out of the way, and that he might do the same
more safely, having two of the greatest famihes in the king-
dom partners Avith him in the quarrel, fell into other devices ;
and first stirring up a trouble in St Andrews, where the
queen then remained, and thinking that Murray would come
forth upon the noise to pacify the tumult, he resolved by
some whom he had suborned to cut him off in the fray.
This not succeeding, some armed men were laid to intercept
him as he came from the court at night ; for the queen de-
taming him late, he was Avont to go accompanied with one or
two only in most quiet manner to his lodging. But this
being hkewisc frustrated by advertisement given to Murray,
and he having tried it to be so (for, upon the notice given
him, he went and found them standing armed in the porch of
the abbey, which was the place designed to him), delated
the matter to the queen, Huntly excusing his men, said
that they were some only of his company, who being to go
home that day, had put on their arms, and being stayed by
some occasion till the next morning were there attending
his coming.

This excuse, albeit nought and frivolous, was accepted for
the time ; which gave many to think, that the queen's affec-
tion to her brother was not so great as it was commonly
taken to be. And it is true that about the same time the
queen had received letters from the pope, the cardinal of
Lorraine, and her uncles in France, advising her to entertain
Huntly, as the man most powerful and best inclined towards
the advancing of the Romish religion, and to give him some
hopes of her marriage with John Gordon his second son,
whereby he should be made more forward in the purpose.
Great promises were made besides of money and other ne-
cessary supplies for war, but so always, as these were made
away that wore enemies to the Cathohc faith ; of whose
names a roll was sent unto her, and the earl of Murray
placed in the first rank. But what impression these letters

A. D. 1562.] CHURCH OF SCOTLAND. 19

made in the queen's mind, she showed the same to her
brother, and used him with no less respect than before.

In the beginning of the next summer there was a great
speech of the interview of the queens of England and Scot-
land, and messengers to and fro sent to agree upon the place,
the time, and manner of the meeting. The motion came
from the queen of Scots, who, as it was thought, greatly
affected the same out of a desire she had to live in a firm
peace with the queen of England, and make herself known
to the subjects of that country. Neither was the meeting
disliked of the better sort, as thinking it would serve, besides
the preservation of the common peace, to bring her unto a
liking of the reformed religion. But they who were popishly
set, fearing greatly the conference, spake openly against it,
saying, that of such interviews there was never seen any
good fruit, and that it would not be safe for the queen of
Scots to put herself in the power of her whose kingdom she
had claimed. Not the less the treaty went on, and was
concluded ; York condescended to be the place of meeting,
the numbers on either side agreed unto, and the time de-
signed about the end of June. But whilst all things were in
readiness for the journey, the queen of England excused
herself by letters, desiring the interview should be put off
till the next year ; Avhich the queen of Scots was not ill
pleased to hear, for she feared if the same had held, that the
French king and her uncles should have been much offended.

This journey being stayed, the queen took her progress
unto the north. Being at Stirhng, she was petitioned, by
certain commissioners of the Church, for abolishing the mass,
and other superstitious rites of the Roman religion, and for
decerning some punishment against blasphemy, against the
contempt of the word, the profanation of the sacraments, the
violation of the Sabbath, adultery, fornication, and other the
like vices condemned by the word of God, whereof the laws of
the country did not take any hold. For actions of divorce, it
was likewise desired that they should be remitted to the
judgment of the Church, or at least trusted to men of good
knowledge and conversation ; and that popish churchmen
might be excluded from places in session and council. To
these petitions exhibited in writing, the queen, after she had
perused the same, made answer, that she would do nothing

20 THE HISTORY OF THE [a. D, 1562.

in prejudice of the religion she professed, and hoped before
a year was expired to have the mass and CathoUc profession
restored through the whole reahn; and thus parted from
them in a choler.

About the midst of August she entered into Aberdeen, and
was met by the Lady Huntly, a woman of an haughty dis-
position, wise and crafty withal in sifting the minds of others.
She, knowing the mutability of princes' favours, laboured to
insinuate herself in the queen's affection, using all servile
flattery, extolling the power of her husband, and repeating
the offer he had made for re-establishing the Roman profes-
sion in these north parts. Then falling to intercede for her
son John Gordon (who had offended the queen by his escape
forth of the ward in which he was put for wounding the
Lord Ogilvy upon the High Street of Edinburgh), she en-
treated her majesty's favour for that oversight, and that he
might be licensed to attend her majesty during her abode in
those quarters. The queen understanding what they went
about, and how they flattered themselves with a conceit of
her marriage, answered, that it stood not with her honour to
admit him unto her presence, unless he should re-enter him-
self into the place from which he had escaped. The lady,
thanking her majesty, and promising obedience in her son's
behalf, did only entreat that the place of his ward might be
changed to the castle of StirUng, whereunto the queen
having yielded, the Lord Glammis was appointed to convey
him thither : and he indeed went so far on the way as to the
nobleman his house of Glammis ; but (whether called back by
his father and friends, or of his own private motion, it is un-
certain) there he changed his mind, and returned to the
north, where gathering some forces, a thousand horse or
thereabout, with them he drew near to Aberdeen.

The queen highly commoved with his contempt, yet dis-
sembling her anger, did after a day or two keep on her
journey towards Inverness, whither she intended. The
eighth of September, the night before her setting forth, were
seen in the firmament great inflammations, and lightnings ex-
traordinary, which continued the space of two hours and
above. It feared the common sort, who do always interpret
such accidents to be prognostics of some trouble. But the
queen contemning these things as casual, would not hear of

A. D. 1562.] CHURCH OF SCOTLAND. 21

altering her journey ; so the first day she went to Buchan,
the next to Rothiemay, and the third day being invited by
Huntly to his house of Strathbogie, where great prepara-
tions were made for her receipt, she denied to go with hira,
or grace him in any sort, till his son gave obedience ; and so
kept on her way.

The day following she came to Inverness, and thinking to
lodge in the castle, the keeper, Alexander Gordon, refused
to give her entry. Thereupon she began to suspect some
treachery. In the townsmen she could repose no assurance,
as being all vassals and dependers of Huntly. The town
itself was unfenced with walls, and the country all in arms
(as she was advertised) to attend his coming. Yet disposing
of things in the best sort she could, order was given to keep
a strong watch, to fortify the passages into the town, and
have ships prepared in the road, whereunto, if need were,
she might take her refuge. About midnight, some spies sent
from Huntly unto the town were apprehended, who dis-
covering his numbers and enterprise, were made fast. And
the next morning, upon a rumour that went of her danger
the queen stood in, there flocked out of all quarters unto her
numbers of highlandmen, the Frasers and Monroes chiefly,
with their followers and friendship. The clan Chattan in
Huntly's company, how soon they knew that the enterprise
was against the queen, forsook him, and slipping aside, came
and yielded themselves unto her. She, finding her forces
increased, commanded to lay siege to the castle, which ren-
dered upon the first assault. The captain and principal
keepers were executed, but the lives of the common soldiers
spared. After some four days' abode in the castle, the queen
returned to Aberdeen, accompanied with all the noblemen
and clans of the country ; and thither came the Lady Huntly
with offers of submission for her husband, but was denied access.

Huntly perceiving the world thus altered, and himself
fallen into the queen's displeasure, so as there was no hope
of regaining her favour, betook himself to desperate courses,
and assembling his friends and others that would run hazard
with him, he approached to Aberdeen, presuming much of
the affection of the inhabitants. At court he had the earl
of Sutherland, and John Lesly of Buchan, men of no
mean power, who made him daily advertised of things that

22 THE HISTORY OF THE [a. D. 1562.

passed there, and the small numbers that were with the
queen, willing him to take the opportunity. Whereupon
resolving to follow his enterprise before the forces of the
queen were farther increased (for charge was gone to all that
could bear arms in Lothian, Fife, Angus, Stratherne, and
Mearns, to come and attend her at Aberdeen), he advanced
with some eight hundred in company, looking to find no
resistance. And like enough the enterprise had succeeded
to his mind, but that the same morning letters were inter-
cepted, sent by Sutherland and Buchan to Huntly, which
detected all their counsels. Sutherland, upon the discovery,
escaped : Buchan was pardoned upon his confession, and
from thenceforth served the queen faithfully. Huntly, ad-
vertised of these things, was advised by his friends to turn
back ; yet hearing the earl of Murray was coming against
him, he made a stay, resolving to fight.

The place of standing he choosed was naturally fenced with
moss and quagmire, and so of difficult access. Three hundred
they were in all, for many of his followers the night preced-
ing were slipt from him. Neither had the carl of Murray
any great number, and few whom he might trust : for how-
beit, of the country about, divers gathered unto him, most of
them were corrupted by Huntly, as appeared when the
companies came in sight one of another, all of them, in sign of
treason, and that they might be discerned by the enemy,
putting a bush of heath or heather in their helmets, and how
soon they came to join, giving back, and retiring in great
disorder. The earl of Murray, who stood a little off with
an hundred in a troop, discovering the treason, called aloud
to his men, that they should bend their spears, and not suffer
them that fled to enter amongst them. So forced to take
another course, they went aside, leaving him and his troop
where they had taken their standing. Huntly imagining
upon that flight and disorder the day to be his, commanded
his men to throw away their lances, and with drawn swords
to run upon them as to a slaughter. But when they were
come to the place where Murray with his company stood,
they were borne back and compelled to fly as fast as before
they followed. They who had played the traitors seeing
this, to clear themselves, turned upon Huntly, and made all
the slaughter which was committed that dav.

A, D. 1563.] CHURCH OF SCOTLAND. 23

There fell in the conflict, on Huntly's side, a hundred and
twenty, near as many were taken prisoners; on the other
party not a man died. Amongst the prisoners was the earl
of Huntly himself, with two sons, John and Adam Gordon.
The earl was aged and corpulent, and, b}^ reason of the
throng that pressed liim, expired in the hands of his takers ;
the rest were carried to Aberdeen late in the night. The
earls of Murray, Morton, and Lord Lindsay (for these last
two had been in the field with ]\Iurray), went first into the
church, where Mr John Craig, minister of that city, gave
solemn thanks to God for the victory and their safety. This
ended, they went unto the queen, who received them gra-
ciously, yet expressed no motion of a mind either troubled or
much joyed. The next day was spent in taking counsel
concerning the prisoners ; the conclusion whereof was, that
punishment should be taken, according to the laws, of John
Gordon ;• that Adam his brother should be spared, because
of his tender age ; the other captives fined according to their
wealth, and those of meaner estate banished the country.
The day following, John Gordon, upon a scaffold erected in
the street of Aberdeen, was pubUcly executed. His death
was much lamented, not by his friends only, but even by
strangers and persons unknown ; for he was a youth of most
brave and manlike countenance, of a valorous spirit, and one
who by his noble behaviour had raised great expectation of
himself. Abused he was with the hopes of a royal match,
and, which grieved all the beholders, pitifully mangled by an
unskilful executioner.

This defeat of Huntly brought the north parts in a great
obedience, and mightily discouraged those of the popish fac-
tion throughout the whole realm ; for all that sort had placed
their hopes on him and his greatness both in the court and
country. The eldest of his sons, named George, after the
loss of that field, fled to the duke his father-in-law, and was
delivered by him to the queen, who sent him prisoner to
Dunbar. In the end of January he was accused and con-
victed of treason, his lands declared to be forfeited, and him-
self committed to prison. Shortly after, John Hamilton,
archbishop of St Andrews, was committed in the castle of
Edinburgh, for saying and hearing of mass. The abbot of
Crossraguel and prior of Whithern were used in the like

24 THE HISTORY OF THE [a. D. 15G3.

sort, and divers priests and monks for the same cause
censured. The severe proceeding against papists put many
in hope that the queen should be brought to embrace the
reUgion ; which was farther assured by the countenance
she gave unto the Church in the parhament kept at Edin-
burgh the May following, wherein divers statutes passed
upon their petitions, as in the acts of that time may be seen.
In this parliament was the act of obHvion (agreed unto at the
treaty of Lcith) first ratified ; but without any respect to
that treaty, which the queen would never acknowledge.
Wherefore it was advised that the lords in the house of
parhament should, upon their knees, entreat the passing of
such an act, which accordingly was done. The rest of this
summer the queen spent in hunting in the countries of Athole
and Argyle.

But in August the same year there happened a thing that
was like to have caused much trouble. Certain of the
queen's family that remained in the palace of Halyrudhouse
had a priest attending them, who did his ordinary service
in the chapel ; divers of the town of Edinburgh resorting
unto it, great offence was taken, and the disorder complained
of by the preachers. The citizens being informed that many
of their people were gone thither, one day went down, and
being denied entry, forced the gates. Some were taken
and carried to prison, many escaped by the back way
with the priest himself. The uproar was great, and ad-
vertisement going to the queen thereof, she was mightily
incensed, avowing not to come to the town till some ex-
emplary punishment were inflicted upon the doers ; yet by
the mediation of the earls of Murray and Glencarne she was
pacified. John Knox only was called before the council,
and charged to have been the author of that sedition, as
hkewise for convocating the subjects by his missive letters
whensoever he thought meet. He answered, that he was
never a preacher of rebellion, nor loved he to stir up tumults ;
contrariwise, he taught all people to obey their magistrates
and princes in God. As to the convocation of the subjects,
he had received from the Church a command to advertise
his brethren when he saw a necessity of their meeting,
especially if he saw religion to be in peril ; and had often
craved to be exonerated of that burden, but still was

A. D. 1564.] CHURCH OF SCOTLAND. 25

refused. Then directing his speech to the queen with a
wonderful boldness, he charged her in the name of the
almighty God, and as she desired to escape his heavy wrath
and indignation, to forsake that idolatrous religion which
she professed, and by her power maintained against the
statutes of the realm. And as he was proceeding, he was
required by the earl of Morton then chancellor (fearing the
queen's irritation) to hold his peace, and go away. After
which time matters were carried more peaceably betwixt
the queen and the Church, the eai4 of Murray always in-
terposing himself, and proponing the petitions of the
Church unto her, as likewise returning her answers to their
satisfaction.

In the end of this year Matthew Stewart, earl of Lennox,
by the permission of the queen, returned into Scotland, and
in a parliament called to that effect in January next had the
process of forfeiture laid against him, whilst the duke was
governor, reduced, and so restored to his lands and posses-
sions, after twenty-two years' exile. Henry his son followed
him some months after, and came to Edinburgh in the be-
ginning of February ; a young man not past twenty-one
years, of comely personage, and of a mild and sweet
behaviour. He had presence of the queen in the place of
Wemyss, and was received with great demonstrations of
favour. Nor was it long that she was perceived to bear
some affection unto him ; whereupon a speech went that
she would take him unto her husband. And indeed, besides
the love she' carried to the young nobleman, there were
great respects that led her that way. He was descended of
the royal blood of England, and next unto herself the apparent
heir of that crown. If it should fall him to marry with one
of the great families of England, it was to be feared that
some impediment might be made to her In the right of suc-
cession, which she thought was a wise part in her to prevent.
Again, the queen of England had advised her by Thomas
Randolph her ambassador, to choose unto herself a husband
in England, for the better conservation of the peace con-
tracted betwixt the kingdoms, and had of late recommended
the earl of Leicester as a worthy match to her. She there-
fore, as well to satisfy the queen of England's desire, in not
matching with a stranger, but with some Englishman born,

26 THE HISTORY OF THE [a. D. 1564.

as likewise to cut off all debates of succession, resolved to
take the nobleman to her husband.

But no sooner was her intention discovered, than on all
sides enemies rose up against her. Of the nobility at home
some opposed the marriage under pretext of religion, for the
earl of Lennox and his son Avere both esteemed to be popish.
The queen of England, by Nicholas Throgmorton her am-
bassador, advised her not to use haste in a business of that
importance ; and (to interpose some impediment) charged
the earl of Lennox and his son to return into England, the
time being not yet expired contained in their licenses. And
universally amongst the subjects the question was agitated,
whether the queen might choose to herself an husband ; or if
it were more fitting that the Estates of the land should ap-
point one unto her. Some maintaining, that the liberty
could not be denied unto her which was granted to the
meanest subject ; others excepting, that in the heirs of
kingdoms the case was different, because they, in assuming
an husband to themselves, did withal appoint a king over
the people ; and that it was more reason the whole people
should choose an husband to one woman, than that one woman
should elect a king to rule over the whole people. It was
objected also by some that the marriage was unlawful and
contrary to the canon law. Lady Margaret Doughis his
mother being sister uterine to King James the Fifth her
father. But for this the queen had provided a remedy,
having sent William Chisholm, bishop of Dunblane, to briug
a dispensation from Rome. And, to strengthen herself at
home, she restored George Gordon, son to the carl of
Huntly, unto his lands and honours, recalled the earl of
Sutherland who lived an exile in Flanders, and Bothwell
that was banished in France. This wicked man was not
well returned into the country, when he devised a new
plot against the earl of Murray his life, for which being
called in question he forsook the country, and fled again
unto France.

The only man that seemed to stand for the marriage, and
used his best means to promote it, was an Italian called
David Rizio, who had great credit at that time with the
queen. This man had followed the Savoyan ambassadoi' into
Scotland, and in hope of bettering his fortune gave himself to

A. D. 1564.] CHURCH OF SCOTLAND. 27

attend the queen at first in the quality of a musician ; after-
wards growing in more favour, he was admitted to write her
French letters, and in the end preferred to be principal
secretary to the Estate. It grieved many to see a stranger
thus advanced. Lethington chiefly was displeased, for that
he found his credit this way impaired ; yet being one that
could put on any disguise on his nature, of all others he
most fawned on this Italian, and showing him, as it was
truth, that he was the object of divers noblemen's envy, did
persuade him by all means to work the match, and procure,
if it could be, the consent of the queen of England thereto ;
wherein offering his own service (for he longed after some
employment abroad), he procured to himself a message to-
wards the queen of England. By him the earl of Lennox
and his son did excuse their not returning into England as
they were charged ; beseeching Queen Elizabeth's favour
unto the match intended, as that which might prove more
profitable to her and her realm than any other course the
Scottish queen should take.

Seigneur Davie (for so he was commonly called) did after
this labour with all his power to have the marriage perfected ;
and as he was of a politic wit, the more to bind the young
nobleman and his friendship unto him, studied to have the
same finished before the return of the queen of England's
answer ; either fearing that her disassent might work some
delay in the match, or that the nobleman's obligation to
himself should be the less in case she consented. For this
purpose a convocation of the Estates was kept at Stirling
in the month of May ; where the matter being proponed, and
the advice of the Estates craved, many did yield their con-
sents, with a provision that no change should be made in the
present estate of religion. The greater part, to gratify the
queen, without making any exception, agreed that the
marriage should proceed. Of the whole number Andrew,
lord Ochiltrie, did only oppose, plainly professing that he
would never consent to admit a king of the popish religion.
Shortly after was Henry, lord Darnly, created lord of
Ardmanoch, earl of Ross, and duke of Rothesay, that hon-
oured with these titles he might be thought more worthy of
the royal match. This determination of the Estates published,
the earls of Murray, Argyle, Gleucarne, and Rothes, assisted

28 THE HISTORY OF THE [a. D. 1564.

by the duke of Chatelherault, whom they had drawn to be
of their faction, meeting at StirUng after that the queen
was parted, did join in a confederacy for resistmg the mar-
riage, pretending the danger of rehgion and other inconveni-
ences that might arise to the Estate. In the town of
Edinburgh the people began to mutiny, and assembling
themselves in companies on St Leonard's Craigs, took counsel
to put their burgesses in arms, to assign them captains, and
to disarm such of the townsmen as they knew to be affected
to the marriage.

The queen, highly incensed at this mutiny, did haste to
the town, at whose coming the heads of the faction, Andrew
Slater, Alexander Clerk, Gilbert Lauder, William Harlaw,
Nicoll Rind, James Inglish, James Young, and Alexander
Guthrie fled forth of the town, and were denounced rebels.
Their houses possessed by the treasurer, and their goods put
under inventory, were, after some few days, at the interces-
sion of the magistrates (so great was the queen's clemency)
restored, and themselves pardoned.

The Assembly of the Church meeting at the same tim in
Edinburgh, presented to the queen by their commissioners
the petitions following : —

1. That the papistical and blasphemous mass, with all
popish idolatry, and the pope's jurisdiction, should be uni-
versally suppressed and abolished through the whole realm,
not only amongst the subjects, but in the queen's majesty's
own person and family ; and such as were tried to transgress
the same, punished according to the laws.

2. That the true religion presently received should be
professed by the queen as well as by the subjects ; and
people of all sorts bound to resort upon the Sundays at
least to the prayers and preaching of God's word, as in former
times they were holden to hear mass.

3. That sure provision should be made for sustentation of
the ministry, as well for the time present as for the time to
come, and their livings assigned them in the places where
they served, or at least in the parts next adjacent ; and that
they should not be put to crave the same at the hands of
any others. That the benefices now vacant, or that have
fallen void since the month of March 1558, and such as should
happen thereafter to be void, should be disponed to persons

A. D, 1564.] CHURCH OF SCOTLAND. 29

qualified for tlie ministry, upon trial and admission by the
superintendents.

4. That no bishopric, abbacy, priory, deanry, provostry,
or other benefice having more churches than one annexed
thereto, should be disponed in time coming to any one man,
but that the churches thereof being dissolved, the same should
be provided to several persons, so as every man having
charge may serve at his own church, according to his voca-
tion. That glebes and manses might be designed for the
residence of ministers, as likewise the churches repaired ; and
an act made in the next parliament to that effect.

5. That none should be permitted to have charge of
schools, colleges, and universities, or to instruct the youth
either privately or publicly, till they were tried by the
superintendents in the visitation of the churches, and after
trial admitted to their charge.

6. That all lands founded of old to hospitality should be
restored, and applied to the sustentation of the poor ; and
that all lands, annual rents, or other emoluments belonging
sometime to the friars of whatsoever order, as likewise the
annuities, altarages, obits, and other duties pertaining to
priests, be employed to the same use, and to the upholding
of schools in the places where they lie.

7. That horrible crimes abounding in the realm, such as
idolatry, blasphemy of God's name, manifest violation of the
Sabbath or Lord's day, witchcraft, sorcery and enchantment,
adultery, incest, open whoredom, maintaining of brothels,
murder, slaughter, theft, reifs and oppression, with all other
detestable crimes, be severely punished, and judges appointed
in every province for executing the same.

8. That some order should be devised for the relief of the
poor labourers of the ground, who are oppressed in their
tithes by leases set over their heads, and they thereby forced
to take unreasonable conditions.

To these petitions the queen made answer by writing in
this sort. First, she said, that where it was desired that
the mass should be suppressed and abolished as well in her
majesty's own person and family as amongst the subjects, her
highness did answer for herself, that she was no ways per-
suaded that there was any impiety in the mass ; and trusted
her subjects would not press her to do against her conscience.

30 THE UISTOUY OI' THE [a. D. 1564.

For, not to dissemble, but to deal plainly with them, she said,
that she neither might nor would forsake the rehgion wherein
she had been educated and brought up, believing the same to
be the true rehgion, and grounded upon the word of God.
Besides she knew that if she should change her religion, it
would lose her the friendship of the king of France, and other
great princes, her friends and confederates, upon whose dis-
pleasure she would be loath to hazard, knowing no friend-
ship that might counter value theirs. Therefore desired all
her loving subjects, who have had experience of her goodness,
how she had neither in times past, nor yet in time coming
did intend, to force the conscience of any person, but to per-
mit every one to serve God in such manner as they are
persuaded to be the best, that they likewise would not urge
her to any thing that stood not with the quietness of her
mind.

As to the estabhshing the rehgion in the body of the realm,
she said, that they knew the same could not be done but
by the consent of the three Estates in parliament : and how
soon the same should be convened, whatsoever the Estates did
condescend unto, her majesty should thereto agree ; assuring
them in the meanwhile, that none should be troubled for
using themselves in religion according to their consciences,
and so should have no cause to fear any peril to their lives
or heritages.

To the third and fourth articles it was answered, that
her majesty did not think it reasonable that she should de-
fraud herself of so great a part of the patrimony of the crown
as to put the patronages of benefices forth of her own hands,
seeing the public necessities of the crown did require a great
part of the rents to be still retained. Notwithstanding, her
majesty was pleased that, her own necessities being supplied,
after it should be considered what might be a reasonable sus-
tentation to the ministers, a special assignation should be
made to them forth of the nearest and most commodious places,
wherewith her majesty should not intermeddle, but suffer
the same to come to their use.

Toucliing the sustentation of the poor, her majesty said,
that her liberality towards them should be as far extended
as with reason can be required.

And for the rest of the articles, her highness promised to

A. D. 1564.] CHURCH of Scotland. 31

do therein as the Estates convened in parliament should
appoint.

About the midst of July (the dispensation of the marriage
being brought from Rome) the queen was espoused to the
Lord Darnly after the popish manner in the chapel of
Halyrudhouse, by the dean of Restalrig ; and the next day
was he by the sound of the trumpet proclaimed king, and de-
clared to be associated with her in the government.

The discontented lords sent forth their complaints upon
this, alleging, that the kingdom was openly wronged, the
liberties thereof oppressed, and a king imposed upon the
people without advice and consent of the Estates, (a thing not
practised before at any time, and contrary to the laws and
received custom of the country,) desiring therefore all good
subjects to take the matter to heart, and join with them in
resisting these beginnings of tyranny. But few or none
were thereby won to show themselves openly of their party,
so as when the queen with her husband went against them,
they left the town of Stirling, where they first convened,
and fled into Paisley.

The king, to make himself more popular, and take from
the lords the pretext of religion wherewith they coloured
their designs, took purpose to go unto St Giles's church in
Edinburgh, and hear sermon. John Knox (either doubting
his sincerity or favouring the faction of the noblemen) fell
upon him with a bitter reproof ; for which bemg cited before
the queen and council, he not only stood to that he had
spoken, but added, that, as the king for her pleasure had
gone to mass and dishonoured the Lord God, so should he
in his justice make her the instrument of his ruin. The
queen, incensed with this answer, burst forth into tears,
whereupon he was inhibited preaching by the council, and
silenced for some months. Mr John Craig (who a httle be-
fore was brought to Edmburgh), because of the prohibition
given to his colleague, refused to do any service there, which
put the people in a stir ; yet upon better advice he was moved
to continue in his charge.

In the end of August the king and queen, accompanied
with five thousand or thereabouts, went to Glasgow to pursue
the lords. They removing from Paisley to Hamilton, an
herald was sent thither to summon the castle, which they

32 THE HISTORY OF THE [a. D. 1504.

denied to render, giving out that they would try the matter
in battle the next day. But the manifold distractions amongst
themselves did let this resolution, and divers falling away^
from their side, they went to Edinburgh, where supposing to
find assistance, the captain of the castle forced them by his
continual playing on the town to quit it. After which they
took their course to Dumfries, allured by the fair promises
of John Maxwell, lord Herries.

A new expedition upon this was concluded, and the lieges
warned to meet at Biggar the ninth of October. In the
mid time the king and queen, leaving the earl of Lennox
lieutenant in the west parts, made a progress through Fife,
to punish those that had assisted the lords. The lairds of
Grange, Balcomie, Pitmillie and Ramornie were fugitive,
some others of meaner sort taken prisoners, and the towns of
Perth, Dundee, and St Andrews fined in great sums. This
done they returned to Edinburgh, and from thence went into
Dumfries, where the lords had staid aU that while. The
Lord Herries pretending to make their peace, concluded his
own, advising them to fly into England, as they did. Thither
went the duke of Chatelherault, the earls of Murray, Glen-
carne, and Rothes, the Lord Ochiltrie, the commendatory of
Kilwinning, and divers others of good note. A few days
they abode in Carlisle with the earl of Bedford, lieutenant at
that time in the north. Then going to Newcastle, they sent
the earl of Murray to the English court, to entreat the
queen's intercession for them. She incontinent despatched
a gentleman of her privy-chamber, named Tamworth, with
letters to the queen of Scots, requesting that Murray and
the rest might be received into favour. The gentleman not
vouchsafing to give her husband the title of a king, nor
bringing any commission to him, was denied presence, and
had his answer delivered him in writing, to this efi'ect :
That Queen Elizabeth should do well to have no meddling
with the subjects of Scotland, but leave them to their princes'
discretion, seeing neither she nor her husband did trouble
themselves with the causes of her subjects.

The duke perceiving that by these means their peace would
not be hastily made, and knowing his reconcilement to be
more easy, resolved to sever his cause from the rest, and
sent the abbot of Kilwinning to entreat favour to himself and

A. D. 1564.] CHURCH or SCOTLAND. 33

his friends, which he easily obtained, for he was known to
be nothing so guilty as the others, and to have been craftily
drawn upon that faction ; so he returned into Scotland in
December following.

In this month a General Assembly of the Church convened
again at Edinburgh, where the answer made by the queen
to their last petitions was presented, and replied unto by the
same Assembly in this manner. First, they said, " That it
was no small grief to the hearts of good and Christian sub-
jects to hear, that notwithstanding the evangel of Christ had
been so long preached in the realm, and his mercy so plainly
offered, her majesty should yet continue unpersuaded of the
truth of that religion which they preached and professed, it
being the same which Christ Jesus had revealed to the world,
which he commanded his apostles to preach, and ordained to
be received of all the faithful, and firmly retained by them
until his second coming ; a religion that had God the Father,
his only Son Christ Jesus, and the Holy Spirit for the authors
thereof, and was most clearly grounded upon the doctrine
and practice as well of the prophets as apostles, which no
other religion upon the face of the earth could justly allege
or prove. For whatsoever assurance the Papist had or
could allege for his profession, the same the Turk had for his
Alcoran, and the Jews more probably might allege for their
rites and traditions, whether it be antiquity of time, or con-
sent of people, or authority of princes, or multitudes and
numbers of professors, or any the like cloaks they do pretend.
Wherefore in the name of the eternal God (with the rever-
ence that became them), they required her highness to use
the means whereby she might be persuaded of the truth, such
as the preaching of the Word of God, the ordinary mean
that he hath appointed for working knowledge and begetting
faith in the hearts of his chosen ones, conference with learned
men, and disceptation with the adversaries, which they were
ready to offer, when and where her grace should think ex-

Next, where she could not beheve any impiety to be in
the mass, they made offer " to prove the whole mass from the
beginning to the ending to be nothing else but a mass of im-
piety, and that the priest his action, the opinion which the
hearers or rather the gazer upon it had of the same, were

VOL. n. 3

34 THE HISTOKY OF THE [a. D. 1564.

blasphemous and grossly idolatrous." And where her ma-
jesty said, " That if she should alter her religion, she should
lose the friendship of France and other princes with whom
she was confederated ;" they to the contrary did assure her,
" That true religion is the only bond that joineth men with
God, who is the King of kings, and hath the hearts of all
princes in his hands, whose favour ought to be unto her more
precious than the favour of all the princes on earth, and with-
out which no friendship or confederacy could possibly endure."
Thirdly, touching her answer to the article for sustenta-
tion of the ministry, they show, " It was never their mean-
ing, that her majesty or any other patron should be defrauded
of their just rights. Only they desired, when any benefice
was void, that a qualified person should be presented to the
superintendent of the bounds, to be tried and examined by
him. For as the presentation belongeth to the patron, so
doth the collation pertain to the Church. Otherwise, were
it in the patrons' power simply to present whom they pleased,
without trial or examination, there should be no order in the
Church, and all be filled with ignorance and confusion."

Fourthly, to that which her majesty spake of retaining a
great part of the benefices iu her own hand, they answered,
" That such doing was against the law both of God and man,
and could not stand with a good conscience, seeing it tendeth
to the destruction of many poor souls that by this means
should be defrauded of instruction." And for the offer she
made to provide the ministry by assignations in places most
commodious, her own necessities being first supphed, they
said, " That good order did require ministers first to be
provided, schools for instructing the youth maintained, the
fabric of churches repaired and uphold, and the poor and in-
digent members of Christ sustained ; all which ought to bo
furnished out of the tithes, which are the proper patrimony
of the Church. These things done, if any thing were re-
maining, that her majesty and council might uso it as they
should think expedient." In end, giving thanks to her
majesty for the offer of assignations, they humbly desired the
general offer to be made more particular, and that it might
please her to reform the answer given to the articles of the
Church in all the aforesaid points.

After this sort did the Church insist with the queen, but

A. D, 1565.] CHURCH OF SCOTLAND. 35

•with small success. For the provision of ministers some small
supply was obtained, but in the point of rehgion they found
no contentment. During the rest of this winter matters were
quiet, but the next year had a foul beginning. Seigneur
Davie, who governed all affairs at court, and had only the
queen's ear, bemg slain upon the occasion, and after the
manner you shall hear. There had fallen out, a little before,
some private discontents betwixt the king and queen, where-
upon first she caused change the order which was kept in the
proclamations and public records, placing the name of her
husband after her own name, that the royal authority might
be known to belong unto herself wholly. And after a little
time, upon a colour that the despatch of business Avas
much hindered through the king's absence, she had ap-
pointed, instead of his hand, a cachet to be used in the sign-
ing of letters, which was committed to the custody of Seigneur
Davie. This being noted (as there are never wanting some
in court to stir the coals), divers tales were brought to the
Idng of the neglect and contempt that he was held in, and of
the great respect carried to the stranger. The vanity and
arrogancy of the man himself was likewise so great, as not
content to exceed the chief of the court, he would outbrave
the king in his apparel, in his domestic furniture, in the num-
ber and sorts of his horses, and in every thing else, so as no
speech was for the time more common and current in the
country than that of Davie's greatness, of the credit and
honour whereunto he was risen, and of the small account
that was taken of the king. This the king taking to heart,
he did open his grief unto his father, who advised him to
assure the nobihty at home and to recall those that were
banished into England, which done, he might easily correct
the insolency and aspiring pride of that base fellow.

A parhament being then called to meet at Edinburgh the
twelfth of March, for pronouncing sentence of forfeiture
against the earls of Murray, Glencarne, Argyle, Rothes, and
the other noblemen that were fled into England, as the time of
meeting drew nigh, the queen laboured earnestly to have the
process laid against them found good, and that matters
might go to her mind, she designed Davie to exercise the
office of chancellor in that meeting. The earl of Morton,
who after Huntly's death had suppHed the place unto that

36 THE HISTORY OF THE [a. D. 15G5.

time, inter jjre ting this as a disgrace offered unto him, dealt
with the king (with whom he was grown familiar), to make
him sensible of his own contempt and misregard ; and find-
ing him apprehensive enough tliat way, drew him to a meet-
ing in the Lord Ruthven's lodging, upon pretext of visiting
the nobleman who lay then diseased ; where breaking forth
in a speech of the present misgovernment, the blame of all
was cast upon the king as having for the pleasure of a
wicked villain chased his cousins and best friends out of the
realm, and helped to raise a base fellow to such a height of
credit as now himself was become by him despised. The
king, that could not deny it to be his fault in a great part,
professed his readiness to join with them for remedying those
evils, and from thenceforth promised to do nothing but by
the consent of the nobility. Yet they not esteeming it safe
to trust his promises, whom they knew to be facile and some-
what uxorious, lest afterwards he should go from that agree-
ment, did exhibit to him a bond in writing, wherein they were
all sworn to join for maintaining rehgion, reducing the noble-
men lately exiled, and making Davie out of the way. Unto
tills the king did willingly set his hand, and with him sub-
scribed the earl of Morton, the Lords Ruthven and Lindsay,
for he also was present and upon the plot.

The night following, because matters could not be long kept
close, and needful itAvas to go presently through with the de-
signby reason of the parhament approaching, they prepared to
execute the same. Morton, whose forces were greatest, was
appointed to guard the outer court of the palace, if perhaps
any stir should be made. For there lodged within, the carls
of Huntl}^ Athole, Bothwell, Sutherland, and Caithness,
with the Lords Fleming and Livingstone, a force to have re-
sisted any sudden attempt. The Icing taking the Lord Ruth-
ven with him, who Avas but lately recovered of a fever, and fol-
lowed with four or five men at most, entered into the room
where the queen sat at supper. Ruthven seeing Davie at
the table (for the queen was accustomed when she supped pri-
vate to admit others to sit by her, and that night the countess
of Argyle, and beneath her Davie was placed), commanded
him to arise and come forth, for the place where he sat did
not beseem him.

The queen, starting up hastily, went between Davie and

A. D. 1565.] CHURCH OF SCOTLAND. 37

Ruthven to defend him ; and Davie clasping his hands about
her middle, the king laboured to loose them, willing her not
to be afraid, for that they were come only to take order with
that villain. But he, loath to quit his defence, one of the
company held a pistol at her, which made him forsake his
grip. Then was he dragged down the stairs to the gallery
where Morton with his company was walking. There they
fell upon him, and striving who should give the first stroke,
killed him with many wounds.

It was constantly reported that he had warning given him
oftener than once by John Damiott, a French priest, who was
thought to have some skill in magic, to do his business and
be gone, for that he could not make good his part ; and that
he answered disdainfully, " The Scots are given more to
brag than to fight." Some few days again before his death,
being warned by the same priest to take heed of the bastard,
he replied, " That whilst he lived, the bastard should not
have credit in Scotland to do him any hurt." For he took
the earl of Murray to be the man of whom he was advertised
to take heed. But that prediction either fulfilled or eluded,
the first stroke was given him by George Douglas, base son
to the earl of Angus ; after whom such others as were in
place, either serving their private malice or desiring to be
esteemed associates m that conspiracy, inflicted every man
his wound, till he was despatched. Yet had they no com-
mandment from the contrivers so to kill him, it being their
purpose to have brought him to public execution, which they
knew would have been to all the people a most grateful
spectacle. And good it had been for them so to have done,
or then to have taken him in another place and at another
time, than in the queen's presence. For besides the great
peril of abortion which her fear might have caused, the false
aspersions cast upon her fame and honour by that occasion
were such as she could never digest, and drew on all the
pitiful accidents that afterwards ensued. The queen burst-
ing forth in many tears, after a great chiding she kept with
the Lord Ruthven, sent one of her maids to inquire what was
become of Davie, who, quickly returning, told that he was
killed ; having asked her how she knew it, the maid an-
swered that she had seen him dead. Then the queen, wipino-
her eyes with her handkerchief, said, "No more tears ; I will

38 THE HISTORY OF THE [a. D. 1565.

think upon a revenge." Neither was she seen after that
any more to lament.

The rumour of this deed ran soon through the town, where-
upon the people did arm and go to the palace. But they
were pacified by the king, who, calling to them from a
window, showed that the queen and he were well, and that
they needed not to fear, because that Avhich was done was
done by his own commandment. The noblemen that lodged
within the palace were charged to keep within their cham-
bers ; yet the Lords Huntly and Bothwell escaped the same
night by a window at the back of the palace. Athole and the
rest had Ucense to depart the next morning. Upon Tuesday
thereafter (for the slaughter was committed upon Saturday
the ninth of March), the earls of Murray and Rothes, with
those that were exiled in England, returned to Edinburgh ;
and going first to the parliament-house, took documents
that they were ready to answer the summons of forfeiture
directed against them, and that none did insist to pursue.

In this doubtful estate of things, the queen, not knowing
whom to trust, sent for her brother the carl of Murray,
and having conferred familiarly a while with him, by his
means had her servants and guards restored ; for after the
slaughter they were all put from her. The night following
she went from the palace to Seaton, and from thence to
Dunbar, taking the king with her in company ; who repent-
ing the fact, and forsaking the other conspirators, did openly
by sound of trumpet at the market-cross of Edinburgh pro-
test his innocency, denying that ever he gave his consent to
any thing, but to the returning of the lords that were ban-
ished in England. Yet was the contrary known to all men,
so as this served only to the undoing of his reputation, and
made him find few or no friends thereafter to aid him in his
necessity.

Upon the queen's departing, the conspirators and whoso-
ever were thought privy thereto, fled some to England,
others to the borders and higldands, and such a change you
should have seen, as they who the night preceding did vaunt
of the fact as a goodly and memorable act, affirming, some
truly, some falsely, that they were present thereat, did on
the morrow forswear all that before they had affirmed. The
earl of Morton, with the Lords Ruthven, Lindsav, and

A. D. 1565,] CHURCH OF SCOTLAND. 39

young Lethington, remained at Newcastle in England, where
the Lord Ruthven falling again in the fever, departed this
life. Mr James Macgill, clerk of register, with divers citi-
zens of Edinburgh that were esteemed favourers of the fact,
left the town and lurked privately amongst their friends.
After some four days' stay at Dunbar, the queen returned
to Edinburgh, accompanied with many of the nobihty, and
then began inquisition to be made for the murderers. Thomas
Scot, sheriif-deputo of Perth, and servant to the Lord Ruth-
ven, with Sir Henry Yair, sometime a priest, being appre-
hended, were after trial hanged and quartered. William
Hai'law and John Mowbray, burgesses of Edinburgh, con-
victed and brought to the place of execution, had their lives
spared by the intercession of Bothwell. The lairds of Cal-
der, Ormiston, Halton, Elphingston, Brunston, Whitting-
ham, Shirrefshall, and many others being cited as conscious
of the murder, for not appearing, were denounced rebels.
The office of the clerk -register was conferred upon Sir James
Balfour, and a conclusion taken in council that they who
should be tried to have either devised or to have been actual
committers of the said murder, should be pursued by order
of justice, and the same executed with all severity : but that
the commons and others that came to the palace accidentally,
should upon their supplication be used with more clemency.
In all this proceeding there was none more earnest or for-
ward than the king ; notwithstanding whereof the hatred of
the fact lay heavy upon liim, nor could he ever after this time
recover his former favour with the queen. The rest after a
httle time were reconciled ; Lethington by the means of
Athole was first called home, albeit Bothwell did strongly
oppose it. The barons dressed for themselves, by means of
their friends that were in credit. Morton and Lindsay in
the winter following were pardoned at the request of the
earls of Huntly and Argyle.

Now the time of the queen's lying in drew nigh ; where-
upon the council meeting to advise upon the place where her
majesty should stay, made choice of the castle of Edinburgh,
as the part most commodious, and ordained the earl of Arran,
who was there kept prisoner, to be removed to the castle of
Hamilton, with liberty to travel by the space of two miles
about, providing he should do nothing to the prejudice of his

40 THE HISTORY OF THE [a. D. 1560.

house, and enter himself upon twenty days' warning in the
castles of Edinburgh, Dunbar, and Dumbarton, or any of
them ; for observance whereof the earls of Murray and
Glencarne became sureties.

The queen at her first entry into the castle did feast the
nobility, and made them all friends. Argyle, JNIurray, and
Athole had lodgings assigned them within the castle ; Huntly,
Bothwell, and others of the nobihty remained in the town.
The nineteenth of June, betwixt nine and ten of the clock in
the evening, she was brought to bed of a son, to the exceed-
ing joy of the subjects, for which the nobles and whole
people, assembled the next day in the church of St Giles,
gave solemn thanks to God. Presently was Su* James
Melvil sent to carry the news to the queen of England, who
to congratulate her safe and happy delivery sent Sir Henry
Kilhgrew to Scotland by post. The Assembly of the Church,
convened the same time in Edinburgh, sent the superin-
tendent of Lothian to testify their gladness for the prince's
birth, and to desire that he should be baptized according to
the form used in the Reformed Church. To this last she
gave no answer ; otherwise the superintendent and his com-
mission were graciously accepted. The queen calling to
bring the infant, that the superintendent might see him, he
took him in his arras, and faUing upon his knees conceived a
short and pithy prayer, which was very attentively heard
by her : having closed his prayer, he spake to the babe, and
willed him to say Amen for himself ; which she took in so
good part, as continually afterwards she called the superin-
tendent her Amen. This story told to the prince when he
came to years of understanding, he always called him his
Amen ; and whilst he lived did respect and reverence him
as his spiritual father.

The queen waxing strong went by water to Alloa, a
house pertaining to the carl of Mar, and kept private a
few days. In that place brake out first her displeasure
against the king her husband ; for he following her thither,
was not suffered to stay, but commanded to be gone ; and
when at any time after he came to court, his company was
so loathsome unto her, as all men perceived she had no
pleasure nor content in it. Such a deep indignation had
possessed her mind, because of the disgrace oftered to her in

A. D. 1566.] CHURCH OF SCOTLAND. 41

the slaughter of her servant Davie, the envy whereof was
all laid upon the king, as she could never digest it.

Secretary Lethington (who by his subtle flatteries was
crept again into favour) did wickedly foster this passion, by
putting in her head a possibihty of divorce from the king,
which he said was an easy work, and a thing that might be
done, only by abstracting the pope's dispensation of their
marriage ; and the Earl Bothwell (a man sold to all wicked-
ness) did likewise by himself and by his instruments (of whom
Sir James Balfour Avas the chief) take all occasions to incense
her, and, by exaggerating the king's ingratitude towards
her, wrought her mind to an hatred implacable.

In the beginning of October the queen went to Jedburgh,
to keep some justice courts, where she fell dangerously sick :
the king coming there to visit her, had no countenance given
him, and was forced to depart. At her return from the
borders, being in Craigmillar, Lethington renewing the pur-
pose of divorce in the hearing of the earls of Argyle and
Huntly, did persuade her to take some course for her
separation from the king, seeing they could not live together
in Scotland with security. The queen asking him how that
could be done without some blemish to her honour, he re-
plied, that none would think ill of her part therein, she being
so ungratefully used by him ; but that all might know the mur-
der of Davie to have been his fact, her majesty should do well
to pardon the lords that were fled to England, and call them
home. " Nay," said the queen, " I will rather have matters
to continue as they arc, till God remedy them." Yet within
few days Morton and Lindsay were recalled at the entreaty
of the earls of Argyle and Huntly, as was touched before.

Preparation was then making for the baptism of the prince,
who about the end of August had been transported to Stir-
ling. To honour this solemnity the Count de Briance was
sent ambassador from the French king, Monsieur le Croke
from the duke of Savoy, and the earl of Bedford from the
queen of England, who brought with him a font of gold
weighing two stone weight, with a basin and laver for the
baptism. At the day appointed for the solemnity (which
was the fifteenth^ of December) they all convened in the

' [The proper date of the baptism, however, is the seventeenth, according to
Knox and Bishop Keith. The latter author says " this was the 1 7 day of the month ;

42 THE HISTORY OF THE [a. D. 15GG,

castle of Stirling. The prince was carried by the French
ambassador, walking betwixt two ranks of barons and gentle-
men that stood in the way from the chamber to the chapel,
holding every one a priket of wax in their hands. The earl
of Athole went next to the French ambassador, bearing the
great sierge of wax. The earl of Eglinton carried the salt,
the Lord Sempill the rude, and the Lord Ross the basin and
laver : all these were of the Roman profession. In the entry
of the chapel, the prince was received by the archbishop of
St Andrews, whose collaterals were the bishops of Dunkeld,
Dunblane, and Ross : there followed them the prior of
Whithern, sundry deans and archdeans, with the gentlemen
of the chapel, in their several habits and copes. The coun-
tess of Argyle by commission from the queen of England did
hold up the prince at the font, where the archbishop did ad-
minister the baptism with all ceremonies accustomed in the
Roman Church, the spittle excepted, which the queen did
inhibit. The earl of Bedford entered not in the chapel dur-
ing the service ; and without the doors stood all the noble-
men professors of the reformed religion. The rites per-
formed, the prince was proclaimed by his name and titles,
Charles James, prince and Stewart of Scotland, duke of
Rothesay, earl of Carrick, lord of the Isles, and baron of
Renfrew. Then did the music begin, which having con-
tinued a good space, the prince was again conveyed to his
chamber.

It was night before the solemnity took end, for it was
done in the afternoon. The feasting and triumphal sports
that followed were kept some days Avitli exceeding cost and
magnificence ; yet the content the people received thereby
was nothing so great as their offence for tlie king's neglect ;
for neither was he admitted to be present at the baptism, nor
suffered to come unto the feast. To some his ill disposition
was given for an excuse ; others more scornfully were told
that his fashioners had not used the diligence they ought in

so that I was led into tho mistake of fixing this solemnity to the loth day by tho
proclamation emitted on the M, which I reckoned to have been precisely the day
before tho baptism, especially since Archbishop Spottiswood gives the 15th for
the day. But this sure instruction contained in this letter (Irom Mon. lo Croc,
the French ambassador in Scotland, to the Archbishop of Glasgow) by naming
the day of the week, is an undoubted testimony for Mr Knox, who relateth that
the prince was baptized on the 17th of December."— Keith, p. vii.— E.]

A. D. 1566.] CHURCH OF SCOTLAND. 43

preparing his appai-el. Meanwhile the ambassadors had a
watchword given them, not to see nor salute him. And such
of the nobility as were known to bear him any favour, or out
of their compassion did vouchsafe him a visit, were frowned
upon by the court. His father advertised of these things,
sent for him to come unto Glasgow, where he then remained ;
but scarce was he past a mile from Stirling, when a vehe-
ment pain seized on all the parts of his body, which at his
coming to Glasgow was manifestly perceived to proceed of
poison that treacherously had been ministered unto him : for
through all his body brake out bUsters of a bluish colour,
with such a dolour and vexation in all his parts, as nothing
but death was a long time expected. Yet his youth and
natural strength vanquishing the force of the poison, he
began a little to convalesce, and put his enemies to other
shifts, wherein shortly after (but to their own undoing) they
prevailed.

The report of what passed at Stirling coming to Edin-
burgh, where the Assembly of the Church was then gathered,
did greatly offend the better sort ; yet nothing grieved
them so much, as a commission granted to the archbishop of St
Andrews, whereby he was reponed to his ancient jurisdiction in
confirming testaments, giving collation to benefices, and other
such things as were judged in the spiritual courts. The As-
sembly taking this greatly to heart, ordained a supplication
to be made to the nobihty and lords of secret council, " pro-
fessing Christ with them, and who had renounced the Roman
Antichrist," (I use the words of the superscription) for imped-
ing the said commission, and letting it to take effect. In
this supplication they said, " That the causes judged in these
courts did for the most part pertain to the true Church;
and that howsoever, in hope of some good effect to have fol-
lowed, the Church had overseen the commission granted by
the queen in these matters to men who for the greater
number were of their own profession, they would never be
content that he, whom they knew to be an enemy to Christ
and his truth, should exerce that jurisdiction, seeing under
the colour thereof he might usurp again his old authority,
and take upon him the judgment of heresy, in which case
none could be ignorant Avhat his sentence would be : where-
fore their desire was, the queen should be informed that this

44 THE HISTORY OF THE [a. D. 1566.

was a violation of the laws of the realm, and the setting up
again of the Roman Antichrist, whose authority and usurped
power in an open and free parliament had been condemned,
which her majesty also at her first arriving into this realm,
and since that time by divers proclamations, had expressly
forbidden to be acknowledged. Hereof, they said, if their
honours should plainly and boldly admonish the queen, using
that reverence which was due from subjects, and doing
nothing in a tumult, they did persuade themselves she would
do nothing against justice, and that such tyrants should not
dare once to appear in judgment. But howsoever matters
went, they humbly craved to understand their minds, and
what they would do, if it should happen such wolves to in-
vade the flock of Christ." This was the sum of the suppUca-
tion. I find not what answer it received, nor that the bishop
made any use of his commission ; but the change it seems which
shortly after happened in the state did quite frustrate the same.
Master Knox being Ucensed at this time to visit his sons
who were following their studies at Cambridge, did move the
Assembly to write unto the bishops of England in fiivour of
some preachers, who were troubled for not conforming them-
selves to the orders of that church. Because it will appear
by the letter in what esteem our reformers did hold the
Church of England, and how far they were from accounting
the government thereof antichristian, I thought meet to
insert the same word by word.

" The Supermtendent&, Ministers, and Commissioners of the
Church within the Realm of Scotland, to their Brethren the
Bishops and Pastors of England, who have renounced the
Roman Antichrist, and do pro/ess with them the Lord
Jesus in sincerity, wish the increase of the Holy Spirit.

" By word and writing it is come to our knowledge,
reverend pastors, that divers of our brethren (amongst
whom some be of the best learned within that realm) are
deprived from all ecclesiastical function, and forbidden to
preach, and so by you are stayed to promove the kingdom of
Jesus Christ, because their conscience will not suffer them to
take upon them at the commandment of the authority, such
garments as idolaters in time of blindness have used in their

A. D. 1566.] CHURCH OF SCOTLAND. 45

idolatrous service ; which rumour cannot but be most dolo-
rous to our hearts, considering the sentence of the apostle,
* If ye bite and devour one another, take heed ye be not con-
sumed one of another.' We purpose not at the present to
enter into the question, which we hear is agitated with
greater vehemency by either party than well hketh us, to
wit, whether such apparel is to be accounted amongst things
indifferent or not : but in the bowels of Jesus Christ we crave,
that Christian charity may so far prevail with you, that are
the pastors and guides of Christ's flock iu that realm, as ye
do not to others that which ye would not others did unto you.

" Ye cannot be ignorant how tender a thing conscience is,
and all that have knowledge are not alike persuaded. Your
conscience stirs not with the wearing of such things, but
many thousands both godly and learned are otherwise per-
suaded, whose consciences are continually stricken with these
sentences ; ' What hath Christ to do with BeHal ? what fel-
lowship is there betwixt Ught and darkness ?' If surplice,
corner-cap, and tippet have been the badges of idolaters in
the very act of their idolatry, what have the preachers of
Christian liberty and the rebukers of superstition to do with
the dregs of that Romish beast ? yea, what is he that ought
not to fear, either to take in his hand or forehead the print
and mark of that odious beast ?

" Our brethren that refuse such unprofitable apparel do
neither damn nor molest you who use such vain trifles : if ye
shall do the like to them, we doubt not therein you shall
please God, and comfort the hearts of many, wliich are
wounded with the extremity used against those godly breth-
ren. Colour of rhetoric or human persuasion we use none,
but charitably we desire you to call to mind the sentence of
St Peter, ' Feed the flock of God which is committed to your
charge, caring for it, not by constraint, but willingly ; not as
being lords of God's heritage, but being examples to the
flock.' We farther desire you to meditate upon that sentence
of the apostle, ' Give not offence, either to the Jews, or to
the Grecians, or to the Church of God.' In what condition
ye and we both travail for the promoving of Christ's king-
dom, ye are not ignorant ; therefore we are the more bold
to exhort you to deal more wisely than to trouble the godly
for such vanities. For all things which seem lawful edify

46 THE HISTOUY OF THE [a. D, 1566.

not. If the commandment of the Authority urge the con-
sciences of you and your brethren farther than they can
bear, we pray you remember that ye are called ' the light of
the world, and the salt of the earth.' All civil authority
hath not ever the light of God shining before their eyes in
their statutes and commandments, but their affections savour
too much sometimes of the earth, and of worldly wisdom.
Therefore we think that ye ought boldly oppone yourselves,
not only to all power that dare extol itself against God, but
also against all such as dare burden the consciences of the faith-
ful, farther than God hath burdened them in his own word.

" But we must confess our offence, in that we have entered
in reasoning farther than we purposed and promised in the
beginning. Now therefore we return to our former humble
suppUcation, which is, that our brethren who amongst you
refuse these Romish rags may find of you, who are prelates,
such favour, as our head and master commandeth every one
of his members to show to another : which we look to receive
of your humanity, not only because ye will not offend God's
majesty in troubhng of yoiu' brethren for such vain trifles,
but also because ye will not refuse the humble request of us
your brethren and fellow-preachers ; in whom albeit there
appear no worldly pomp, yet we suppose ye will not so far
despise us, but that ye will esteem us in the number of those
that fight against the Roman Antichrist, and travail that the
kingdom of Jesus Christ may be every where advanced. The
days are evil, iniquity aboundeth, and charity (alas !) is waxed
cold. Therefore ought we to watch the more chligently, for
the hour is uncertain when the Lord Jesus shall appear; be-
fore whom ye, your brethren, and we must give an account of
our administration. And thus in conclusion we once again
crave favour to our brethren ; which gi'anted, ye shall com-
mand us in the Lord things of double more importance. The
Lord Jesus rule your hearts in his true fear unto the end,
and give unto you and us victory over that conjured enemy of
all true religion, the Roman Antichrist, whose wounded head
Satan by all means labourcth to cure again ; but to destruc-
tion shall he and all his maintainors go by the power of our
Lord Jesus, to whose mighty protection we heartily commit
you. From our General Assembly at Edinburgh the twenty-
seventh of December, 1566."

A. D. 1567.] CHURCH OF SCOTLAND. 47

To quiet the ministers, who were daily complaining of
their lack of provision, the court made offer to the same As-
sembly of certain assignations for their present relief ; which
were accepted under protestation, that the same should not
prejudge their right to the tithes, nor be accounted as a
satisfaction for the same. For those they held to be the
proper patrimony of the Church, and so justly belonging
thereto, as that they ought not to be paid to any others,
under whatsoever colour or pretext. But this protestation
availed not, only it showeth what was the judgment of the
Church in that time concerning tithes.

The queen, in January following, went to visit the king,
who lay sick at Glasgow. After some complainings he made
of her unkiudness, and a little chiding they kept for discon-
tents passed, they did so lovingly reconcile, as the king,
though he was not as yet fully recovered, was content to be
transported to Edinburgh, and had a lodging prepared in a
remote place of the town, for his greater quiet, as was pre-
tended. But he had not stayed there a fortnight, when
Bothwell, having conspired his murder, did come upon him
in the night, as he lay asleep, and strangled him with one of
his cubiculars that lay in the chamber by him. The murder
committed, the two corpses were carried forth at a gate in
the town wall, and laid in an orchard near by, and thereafter
the house blown up with powder ; the noise whereof did
awake those that were sleeping in the farthest parts of the
town. The queen, not gone as yet unto her rest, convened
the noblemen that lodged within the palace, and by their ad-
vice sent Bothwell with some others to inquire what the
matter was (for he was returned to his chamber before the
blowing up of the house, having left some to fire the train
when he was past and gone away). Many of all sorts did
accompany him to the place, where finding the body of the
king naked, only the upper part covered with his shirt, the
rest of his apparel and even his pantofles near by him, each
one making a several conjecture, Bothwell would have it be-
lieved, that the violence of the powder had carried his body
forth at the roof of the house unto that place. But this was
against all sense, for not a bone of his whole body was either
broken or bruised, which must needs have been after such a
violent fall. Nor could it be perceived that either the corpse

48 THE HISTORY OF THE [a. D. 1567.

or garments were once touched with the powder. So it was
manifest that his body and all were laid there by the hands
of men. Bothwell returning, showed the queen what a
strange thing had happened, admiring how it could be, and
who they were had committed the murder. She hearing
it, retired to a private room, and went presently to bed.

Now he had provided some to carry the news unto the
borders, and to give out that the earls of Murray and JSIorton
were the chief contrivers of the murder : which rumour went
current in England for a while. Yet ere a long time passed
all was laid open, and he known to have been the principal
actor himself. Proclamations were made promising large
sums of money to those that would detect the murderers :
whereunto the next night by a placard affixed on the mar-
ket-cross answer was made, " That if the money should be
consigned into the hands of an indifferent person, the mur-
derers should be revealed, and the delator set to his name,
and justify his accusation." No notice being taken of this
offer, voices were heard in the dark of the night, crying, that
Bothwell had murdered the king. Some drawing his portrait
to the life, set above it this superscription, " Here is the
murderer of the king," and threw the same into the streets.
And there were some that in all the public places of the
town affixed the names of the murderers, the principal as
well as the accessaries. For the principal they named
Bothwell ; as accessaries. Sir James Balfour, and Gilbert
Balfour' his brother, Mr David Chalmers, Black Mr John
Spence, Seigneur Francis, Sebastian, John do Burdeaux, and
Joseph the brother of Davie ; which last four were of the
queen's household. These things did so offend the court, as,
neglecting the trial of the murder, they fell to inquire of the
drawers of these portraits and the authors of the libels. All
the painters and writers were called for dignoscing the letters
and draughts. When nothing could be tried, to provide for
afterwards against the like, by a new edict it was made
capital to disperse libels for defiiming any person in that sort,
and to have, keep, or read any such that should happen to
be affixed, or cast into the streets.

The earl of Lennox, whilst these things were a-doing,

' [See note to this Book.— E.]

A. D. 1567.] CHURCH OF SCOTLAND. 49

ceased not to solicit the queen by his letters for taking trial
of the murder, without delaying the same unto the time of
parliament, as she had purposed. Particularly he desired
the earl of Both well, and others named in the libels and
placard affixed on the door of the senate-house, to be appre-
hended, and the nobility assembled for their examination.
Bothwell, perceiving that he was now openly attached, did
offer himself to trial, for which the twelfth of April was
assigned, and the earl of Lennox cited by the justice to pur-
sue according to the delation he had made. In the mean
time, to fortify himself, he got the castle of Edinburgh in his
custody, upon the earl of Mar his resignation, placing
therein Sir James Balfour, whom he especially trusted. The
earl of Mar for his satisfaction had the prince delivered in
his keeping, and carried unto Stirling, where the earl then
lay heavily sick.

The diet appointed for the trial being come, and the court
fenced as use is, Bothwell was empannelled. The earl of
Lennox bemg called, compeared Robert Cuniugham, one of
his domestics, who presented in writing the protestation fol-
lowing. " My lords, I am come hither, sent by my master my
lord of Lennox, to declare the cause of his absence this day,
and with his power, as my commission beareth. The cause
of his absence is the shortness of time, and that he could not
have his friends and servants to accompany him to his hon-
our, and for the surety of life, as was needful in respect of
the greatness of his party. Therefore his lordship hath
commanded me to desire a competent day, such as he may
keep, and the weight of the cause requireth ; otherwise, if
your lordships will proceed at this present, I protest, that I
may use the charge committed to me by my lord my master,
without the offence of any man. This is, that if the persons,
who pass upon the assize and inquest of these that are entered
on pannel this day, shall cleanse the said persons of the murder
of the king, that it shall be wilful error, and not ignorance ;
by reason it is notourly known that these persons did com-
mit that odious murder, as my lord my master allegeth.
And upon this my protestation I require an instrument."

The justice, by the advice of the noblemen and barons ap-
pointed to assist him in that judgment, did, notwithstanding
the said protestation, grant process, whereupon the noble-

50 THE HISTORY OF THE [a. D. 1567-

men chosen for the jury were called. These were Andrew
earl of Rothes, George earl of Caithness, Gilbert earl of
Cassils, Lord John Hamilton, commendator of Abcrbrothock,
James lord Ross, Robert lord Scmpill, Robert lord Boyd,
John lord Herries, Laurence lord Oliphant, John master of
Forbes, with the lairds of Lochinvar, Langton, Cambus-
nethan, Barnbougle, and Boyne. The earl of Cassila
excused himself, offering the penalty which by the laAv they
pay that refuse to pass upon assize, but could not obtain
himself freed, the queen threatening to commit him in
prison ; and when he seemed nothing terrified therewith,
commanding him under pain of treason to enter and give liis
judgment with the rest. Thus were they all sworn and
admitted, as the manner is ; after which Bothwell being
charged with the indictment, and the same denied by him,
they removed forth of the court to consult together ; and
after a little time returning, by the mouth of the earl of
Caithness their chancellor, declared him acquit of the murder
of the king, and of all the points contained in the indictment,
with a protestation, that seeing neither her majesty's ad-
vocate had insisted in the pursuit, nor did Robert Cuning-
ham, commissioner for the earl of Lennox, bring any evidence
of Bothwell's guiltiness, neither yet was the indictment
sworn by any person, and that they had pronounced ac-
cording to their knowledge, it should not be imputed to
them as wilful error which they had delivered. Mr David
Borthwick and Mr Edmund Hay, who in the entry of the
court were admitted as his prolocutors, asked instruments
upon the jury's declaration : so he went from that court
absolved ; yet the suspicions of the people were nothing
diminished. And some indeed were of opinion, that the
judges could give no other deliverance, nor find him guilty
of the indictment as they had formed it ; seeing he waa
accused of a murder committed on the ninth day of Feb-
ruary, whereas the king was slain upon the tenth of that
month. But he for a farther clearing of himself set up a
paper in the most conspicuous place of tlie market, bearing,
that albeit he had been acquitted in a lawful justice-court of
that odious crime laid unto his charge ; yet to make his in-
nooency the more manifest, he was ready to give trial of
the same in single combat with any man of honourable birth

A. D. 15G7.] CHURCH OF SCOTLAND. 51

and quality that would accuse him of the murder of the
king. The next day in the same place, by another writing,
answer was made, that the combat should be accepted, so as a
place were designed wherein without danger the undertaker
might profess his name.

The thirteenth of April a parhament was kept for restor-
ing the earl of Huntly and others to their estates and hon-
ours, which was not as yet done with the solemnity requisite.
In this parliament the commissioners of the Church made
great instance for ratifying the acts concluded in favour of
the true religion ; yet nothing was obtained, the queen an-
swering, that the parliament was called for that only business,
and that they should have satisfaction given them at some
other time. The parliament being broke up. Both well in-
viting the noblemen to supper did Hberally feast them ; and
after many thanks for their kindness, fell in some speeches
of the queen's marriage, showing the hopes he had to com-
pass it, so as he might obtain their consents. Some few to
whom he had imparted the business beforehand made offer
of their furtherance ; the rest fearing to refuse, and suspect-
ing one another, set all their hands to a bond, which he had
ready formed to that purpose.

A few days after, feigning an expedition into Liddisdale,
he gathered some forces, and meeting the queen on the way
as she returned from Stirling, whither she had gone to
visit her son, he took her by way of rape and led her to the
castle of Dunbar. No men doubted but this was done by
her own liking and consent ; yet a number of noblemen con-
vening at Stirling, lest they should seem deficient in any
sort of their duties, sent to ask whether or not she was there
wiUingly detained : for if she was kept against her will, they
would come with an army and set her at liberty. She an-
swered, " That it was against her will that she was brought
thither, but that since her coming she had been used so
courteously, as she would not remember any more that
injury."

Now this rape (as afterwards came to be known) was de-
vised to secure the murderers of the king. For it being held
sufficient, by a custom commonly received, that in remissions
granted for crimes committed, the most heinous fact being
particularly expressed, others of less moment might be com-

52 THE HISTORY OF THE [a. D. 1567.

prehendcd in general words, they were advised to pass a re-
mission for violence offered to the queen, and the laying of
hands upon her person, then to subjoin, " And for all other
crimes and nefarious acts whatsoever," under which clause
they esteemed the murder of the king might be comprised,
which otherwise was neither safe for them to express, nor
could the queen with her honour pardon. Thus did they
think both that Both well himself should be secured, and
safety to all his partakers in the murder.

Whilst the queen was detained at Dunbar, a divorce was
sued for Both well from Lady Jean Gordon, his wife, in two
several courts. In the one sat, by commission from the
archbishop of St Andrews, Robert, bishop of Dunkeld,
William, bishop of Dunblane, Mr Archibald Crawford,
parson of Eaglesham, Mr John Manderston, canon of the
college church of Dunbar, Mr Alexander Chrichton and
Mr George Cooke, canons of the church of Dunkeld ; in the
other court Mr Robert Maitland, Mr Edward Henryson,
Mr Alexander Sim, and Mr Clement Little, judges constitute
by the queen's authority in all causes consistorial : and in
both courts was the sentence of divorce pronounced, but upon
divers grounds. In the archbishop's court, sentence was
pronounced upon the consanguinity standing betwixt Both-
well and his wife at the time of her marriage, they mutually
attinging others in the fourth degree, and no dispensation
granted by the pope for consummating the same. In the
other court the sentence was grounded upon adultery com-
mitted by him, which these judges held to be the only law-
ful cause of divorce. Both the processes were posted, and
such festination made in them as in the space of ten days they
were begun and concluded.

The divorce passed, the queen came to the castle of Edin-
burgh, and the next morning Bothwell sent to ask his bans
with the queen. The reader, John Cairnes, whose office it
was, did simply refuse ; thereupon, Mr Thomas Hepburn
was directed to the minister, Mr John Craig, to desire him
to publish the same. The minister likewise refusing, as
having no warrant from the queen, and for that the rumour
went that she was ravished and kept captive by Bothwell,
upon Wednesday thereafter the justice-clerk came unto him
with a letter signed by the queen, wherein she declared that

A. D. 1567.] CHURCH OF SCOTLAND. 53

she was neither ravished nor detained captive, and therefore
willed him to publish the bans. His answer was, " That he
could ask no bans, especially such as these were, without the
knowledge and consent of the Church." The matter being mo-
tioned in the session of the Church, after much reasoning kept
with the justice-clerk, it was concluded that the three next
preaching days the queen's mind should be intimated to the
people.

The minister protested, " That in obeying their desire it
should be lawful to him to declare his own mind touching the
marriage, and that he should not be tied by that asking of
their bans to solemnize the same." The first preaching day
falUng to be Friday, in the hearing of divers noblemen and
counsellors, he showed what he was enjoined to do ; " That
he held the marriage betwixt the queen and Bothwell un-
lawful, whereof he would give the reasons to the parties
themselves, if he might have hearing ; and if this was denied,
he said, that he would either cease from proclaiming their
bans, or declare the cause of his disallowance in the hearing
of all the people."

The same day, at afternoon, being called before the coun-
cil, and required by Bothwell to show what reason he had
to oppose his marriage, he answered, " First, that the Church ■
had in the last Assembly inhibited the marriage of persons
divorced for adultery. Next, he alleged the divorce from
his wife to have proceeded upon collusion betwixt them,
which appeared, as he said, by the precipitation of that sen-
tence, and the contract made, so suddenly after his divorce,
with the queen. Thirdly, he laid to his charge the rape of
the queen, and the suspicion of the king's murder, which
that marriage would confirm." For these reasons he most
gravely admonished them to surcease and leave that course,
as he would eschew the wrath and indignation of Almighty
God. He desired also the lords there present to advertise
the queen of the infamy and dishonour that would fall upon
her by that match, and to use their best means to divert her
from it.

The Sunday following, publicly he declared what he had
spoken in council, and that it seemed to him they would pro-
ceed in the marriage, what mischief soever should ensue.
" For himself," he said, " that he had already liberated his

54 THE HISTORY OF THE [a. D. 1567.

conscience, and yet again would take heaven and earth to
record, that he abhorred and detested that marriage as scan-
dalous and hateful in the sight of the world. But seeing the
great ones, as he perceived, did approve it, either by their
flattery or by their silence, he would beseech the faithful to
pray fervently unto God, that he might be pleased to turn
that which they intended against law, reason, and good
conscience, to the comfort and benefit of the Church and
realm." These speeches offended the court extremely ;
therefore they summoned him to answer before the council,
for passing the bounds of his commission, and calling the
queen's marriage scandalous and hateful before the world.
He appearing, confessed the words, but denied that he had
exceeded the bounds of his commission ; " For the bounds,"
said he, " of my commission, they are the word of God,
good laws, and natural reason ; and by all three I will make
good that this marriage, if it proceed, will be hateful and
scandalous to all that shall hear of it." As he was proceed-
ing in his discourse, Bothwell commanded him silence, and
thus was he demitted.

Not the less of this opposition the marriage went on, and
■was celebrated the fifteenth of May by Adam, bishop of
Orkney, in the palace of Halyrudhouse, after the manner of
the Reformed Church.' Few of the nobihty were present
(for the greater part did retire themselves to their houses in
the country), and such as remained were noted to carry heavy
countenances. Monsieur le Crock the French ambassador,
being desired to the feast, excused himself, thinking it did
not sort with the dignity of his legation to approve the mar-
riage by his presence which he heard was so universally
hated. His master the French king, as likewise the queen
of England, had seriously dissuaded the queen from the same
by their letters : but she, led by the violence of passion, and
abused by the treacherous counsels of some about her, who
sought only their own ends, would hearken to no advice given
her to the contrary. Yet was it no sooner finished than the
ill fruits thereof began to break out. For the wonted accla-
mations and good wishes of the people were no more heard
when she came in public; and divers that had set their
hands and seals to the marriage, fell now openly to condemn
' [See note at the end of this Book, on the bishop of Orkney.— E.]

A. D. 1567.] CHURCH OF SCOTLAND. 65

it, " as that which ministered too just a suspicion that she
was consenting to the death of the king her husband."

The earl of Athole, immediately after the murder of the
king, had forsaken the court, and lived at home, waiting
some occasion to be revenged of the doers ; and now esteem-
ing it fit to show himself, he came to Stirling, where, in a
meeting of noblemen that were desired to come thither, upon
his motion a bond was made for the preservation of the young
prince, lest Bothwell getting him in custody, should make
him away ; as no man doubted he would, as well to advance
his own succession, as to cut off the innocent child, who in all
probability would one day revenge his father's death.

The principals of this combination were the earls of Argyle,
Athole, Morton, Mar, and Glencarne, with the Lords Lind-
say and Boyd. But Argyle, out of a facility (which was
natural unto him), detected all their counsels to the queen ; and
the Lord Boyd, with great promises, was won to the adverse
party. Bothwell, suspecting some insurrection, advised the
queen, for saving her reputation in foreign parts, to acquaint
the French king and her kinsmen of the house of Guise with
her marriage, and the reasons thereof, desiring them, since
that which was done could not be again undone, to favour
her husband no less than they did herself. And to this effect
the bishop of Dunblane was sent into France with letters to
all her friends.

Neither did he omit to do at home what he thought might
serve to fortify himself; for divers noblemen and barons were
invited to court, and at their coming sohcited to enter into
bond for the defence of the queen and Bothwell, who should
on the other part be obliged to protect them in all their
affairs. Some of these being wrought to the purpose, did
set their hands willingly to the bond : the rest, though they
would gladly have shunned it, yet because they held it dan-
gerous to refuse, subscribed in like sort. Only the earl of
Murray, of all that were called, denied to enter in any bond
with the queen ; it being neither lawful for him, as he said,
nor honourable for her, whom in all things it was his duty to
obey. Concerning Bothwell, he said, " That he was recon-
ciled unto him by the queen's mediation, and would faithfully
keep all that he had promised ; but to enter in bond with
him or any other, he did not think it the part of a good

56 THE HISTORY OF THE [a. D. 1567.

subject." Shortly after this he obtained leave, howbeit not
without some difficulty, to go into France ; " for he saw troubles
breeding in which he loved not to have a hand."

How soon he was gone, choice was made of a new council,
and the archbishop of St Andrews, with the Lords Ohphant
and Boyd, received into the number : for their better and
more easy attendance, they had their times of waiting par-
ticularly assigned.

The earls of Crawford, ErroU, and Cassils, with the bishop
of Ross, and the Lord Oliphant, were appointed to begin,
and attend from the first of June to the sixteenth of July.
The earls of Morton and Rothes, with the bishop of Gallo-
way and the Lord Fleming, were to succeed, and remain
from the sixteenth of July to the penult of August. After
them the archbishop of St Andrews, the earls of Argyle and
Caithness, with the Lord Herries, to the fifteenth of October.
And from that day to the first of December, the earl of
Huntly (who was then created chancellor), the earls of
Athole, Marshall, and Lord Boyd, were appointed to wait.
At which time Crawford and Erroll were again to begin, and
the rest to follow in their order for the same space, so as
during the whole year the councillors should be tied to the
attendance of three months only. It was always provided,
that so many of the forenamed persons as happened to be at
court should, during their abode, notwithstanding of their
several assignments, be present with the others ; and that it
should be lawful for the queen to adjoin at any time such as
she thought worthy of that honour. The same day a pro-
clamation was given out, declaring all writings purchased
from the queen, for permitting papists to use the exercise of
their rehgion, to make no faith ; her majesty being no way
minded to violate the act made at her first arrival, and often
since that time renewed in favours of the true rehgion. But
this did not repress the murmurs of the people, for which it
was specially intended.

Wherefore some few days after, the queen by Bothwell's
persuasion, taking purpose to visit the borders, and having
charged the subjects to accompany her thither with a provi-
sion for fifteen days, according to the custom, it was publicly
rumoured that these forces were gathering for some other
business, and that the intention was, to have the prince her

A. D. 1567.] CHURCH OF SCOTLAND. 57

son in her own custody, and taken out of the earl of Mar
his hands. So as a new declaration came forth, " To certify
the people of her good affection, and that she never meaned
to make any novations in the kingdom by altering the laws
thereof, nor do any thing in the public affairs, but by the
advice of the noblemen of her council. And for her son, as
she had trusted him to such a governor as other princes in
former times were accustomed to have, so her motherly care
for his safety and good education should be made apparent
to all." But no regard was had to these declarations, and
the noblemen who had combined themselves at StirHng taking
arms, and being assisted by the Lord Home, environed on
the sudden the castle of Borthwick, wherein the queen and
Bothwell were then remaining : yet their companies not
sufficing to enclose the house (for A thole did not keep the
diet), Bothwell first escaped, and after him the queen dis-
guised in man's apparel fled to Dunbar.

The lords upon their escape retired to Edinburgh, where
they expected the rest of their forces would meet. There
lay in the town at that time by the queen's direction, the
earl of Huntly, the archbishop of St Andrews, the bishop of
Ross, the abbot of Kilwinning, and the Lord Boyd. How
soon they heard of the lords coming, they went to the street,
offering themselves to conduct the people, and to assist them
in the defence of the town; but they found few or none
wilUng to join with them, and the people's affections wholly
inchniug to the lords. The magistrates gave order to shut
the gates, but no farther resistance was made ; so as the
lords entering by the gate called St Mary Port, which was
easily broke up, they made themselves masters of the town.
Huntly and the rest taking their refuge to the castle, were
received by the keeper (Sir James Balfour, a man much
trusted by Bothwell), though at the same time he was treat-
ing with the lords for delivering the castle into their hands.

The next day, being the twelfth of June, the lords gave out
a proclamation, wherein they declared, " That the earl of
Bothwell havhig put violent hands on the queen's person,
warded her highness in the castle of Dunbar, and retaining
her in his power, had seduced her, being destitute of all
counsel, to an unhonest and unlawful marriage with himself,
who was known to have been the principal author, deviser,

58 THE HISTORY OF THE [a. D. 1567.

and actor in the cruel murder committed upon the late king's
person ; and that he was daily gathering forces, and strength-
ening himself by all means, of purpose, as appeared, to get
in his hands the young prince, that he might murder him in like
sort as he had done his father ; which the nobility of the realm
had resolved to withstand, and to deliver the queen out of
his bondage. Therefore did they charge all and sundry the
lieges within the kingdom to be in readiness upon three
hours' warning, to assist the said noblemen for delivering the
queen from captivity, and bringing the said earl and his
complices to underly the trial and punishment of law for the
foresaid murder. Commanding all such as will not join with
the said noblemen, to depart forth of the town of Edinburgh
within four hours after the pubhcation made, under the pain
to be reputed as enemies," &c.

But the queen having escaped, as we showed, there re-
sorted to her from all quarters numbers of people, so as
within few hours she had an army about her of four thou-
sand men and above, a force sufficient to oppose the enter-
prisers. The lords, on the other side, were cast into many
difficulties ; for the heat of the common sort of people being
quickly cooled, as ordinarily it happeneth, and the greater
part of the nobility being either enemies, or behaving them-
selves as neuters, few of them came to offer their assist-
ance : yea had they been never so many, lacking munition
and other necessary provisions for the besieging of forts,
they saw no way to attain to their purpose ; whereupon
they began to think of dissolving their forces and quitting
the enterprise, at least for that time. But the resolution
which the queen took altered their counsels, and gave them
the opportunity they wished for. She, partly confiding in
her power and numbers, and partly animated by a sort of
flatterers who made her believe that the lords would flee
upon the first bruit of her coming, resolved to march with
her army to Leith : whereas nothing had been so much to
her advantage as a little protracting of time ; for had she re-
mained three days longer at Dunbar, the lords without all
peradventure had retired every one to his home. But
where mutations are destined, the worst^ counsels seem ever
the best, and are most readily embraced.

Being advanced so far as Gladsmuir, (where she caused

A. D. 1567.] CHURCH OF SCOTLAND. 59

muster her forces,) a proclamation was made, bearing, " That
a number of conspirators having discovered their latent
mahce borne to her and the duke of Orkney her husband,
after they had failed in apprehending their persons at Borth-
wick, had made a seditious proclamation, to make people be-
lieve that they did seek the revenge of the murder of the
king her late husband, and the relieving of herself out of
bondage and captivity, pretending that the duke her husband
was minded to invade the prince her son ; all which were
false, and forged inventions, none having better cause to re-
venge the king's death than herself, if she could know the
authors thereof. And for the duke her present husband, he
had used all means to clear his innocency ; the ordinary
justice had absolved him, and the Estates of parliament ap-
proved their proceedings, which they themselves that made
the present insurrection had likewise allowed. As also he
had oifered to maintain that quarrel against any gentleman
on earth undefamed, than which nothing more could be re-
quired. And as to her alleged captivity, the contrary was
known to the whole subjects, her marriage with him being
publicly contracted, and solemnized with their own consents,
as their hand-writs could testify. Albeit to give their treason
a fair show, they made now a buckler of the prince her son,
being an infant, and in their hands ; whereas their intention
only was to overthrow her and her posterity, that they
might rule all things at their pleasure and without control-
ment. Seeing, therefore, no wilfulness nor particularity, but
very necessity had forced her to take arms for defence of her
life, as her hope was to have the assistance of all her faithful
subjects against those unnatural rebels, so she doubted not
but such as were already assembled, would with good hearts
stand to her defence ; considering especially the goodness of
her cause, promising them in recompense of their valorous
service the lands and possessions of the rebels, which should
be distributed according to the merit of every man."

This proclaimed, the army did set forward, the queen
lodging that night in Seaton. A little before midnight word
was brought to the lords in Edinburgh of the queen's ap-
proach, who without^ long suspense made to their armour.
And at sun-rising, putting themselves in order, they marched
directly to Musselburgh, a village two miles distant from

60 THE HISTORY OF THE [a. D. 1567.

Preston. There they refreshed themselves with food and
a little rest, for the queen's camp was not as yet stirring.
About the midst of the day the horsemen who were sent to
observe when the queen's army did advance, brought word
that they were marching. The lords thereupon made haste,
and drawing their companies forth of the village, ranged
them in two battles. The first was conducted by the earl of
Morton and the Lord Home ; the second by the earls of
Athole, Mar, and Glencarne, the Lords Lindsay, Ruthven,
Sempill, and Sanquhar, with the lairds of Drumlanrig, TuUi-
bardine, Cessford, Grange ; and divers others of good sort
were assisting, in number not much inferior to the queen's
army, and in this superior, that the most part of them were
gentlemen practised and of good experience in war. The
queen stood with her army on the top of the hill called
Carberry hill, which the lords, because of the ascent where-
with it riseth, could not come at in a direct course, but to
their great disadvantage ; wherefore they incUned a little to
the right hand, both to find a more plain way, and to get
the sun in their backs, when they should come unto the fight.
This deceived the queen, who supposed they were flying
towards Dalkeith, a little village pertaining to the earl of
Morton ; but when they were past the strait of the hill, and
that she saw them making directly to the place where she
with her army stood, she perceived her error.

The French ambassador, seeing them ready to join, in-
terposed himself, and coming to the lords, desired that
matters might be composed without bloodshed, for the good
of both parties ; saying, that he found the queen peaceably
inclined, and disposed both to forgive the insurrection they
had now made, and to forget all by-past offences. The earl
of Morton replied, " That they had taken arms, not against
the queen, but against the murderer of the king, whom if she
would deliver to be punished, or then put him from her com-
pany, she should find nothing more desired of them and all
other subjects, than to continue in their dutiful obedience to-
wards her ; otherwise no peace could be made. Neither are
we come," said he, " to ask pardon for any offence that we
have done, but rather to give pardon to those that have of-
fended." The ambassador perceiving this to be their resolu-
tion, and judging it reasonable which they required, but

A. D. 1567.] CHURCH OF SCOTLAND. 61

not like to be obtained, took his leave and departed to
Edinburgh.

During the treaty of the French ambassador, the queen's
army keeping within the trenches that the English of old
had made, Bothwell advanced himself upon a strong and
lusty horse, appealing any one of the adverse party to single
combat. James Murray, brother to Tullibardine, (he that
before had offered himself to fight, but suppressing his name,
as we shewed), made answer that he would accept the chal-
lenge. Bothwell refusing to hazard with him, as not being
his equal in honour and estate, William Murray his eldest
brother made offer to take his place, saying, that in wealth
he was not inferior to Bothwell, and for the antiquity of his
house and honesty of reputation, he esteemed himself more
than his equal ; yet he likewise was refused, as being a
knight only, and of a lower degree. Divers noblemen did
thereupon offer themselves ; the Lord Lindsay especially
shewed a great forwardness, desiring he might be permitted
to try himself with Bothwell, which he would take as a
singular honour, and esteem it as a recompense of all bis
service done to the state. Here whenas Bothwell could not
honestly shift the combat, the queen interposing her authority
did prohibit him to fight. Thereafter taking a view of the
army on horseback, and encouraging them to battle, she
found Both well's friends and followers very desirous to fight;
but in the rest there appeared no such wiUingness, some
saying that the battle would prove dangerous to the queen,
because howsoever gentlemen were ready to hazard them-
selves, the commons, who were the greatest number, seemed
not to be so disposed, nor well affected to the cause. Others
more plainly declaring their minds, said that it were much
better that Bothwell should defend his own quarrel by com-
bat, than to expose the queen and so many gentlemen to
peril. And there were some that counselled to delay the
battle to the next day, for that the Hamiltons were said to be
coming, who would greatly increase her forces.

All these things the queen heard impatiently, and bursting
forth in many tears, said, they were but cowards and traitors.
After which, perceiving divers of the army to steal away,
she advised Bothwell to look to his own safety, for she would
render herself to the noblemen. Then sending for William

62 THE HISTORY OF THE [a. D. 1567.

Kirkcaldy of Grange, she talked with him a good space, and
when she thought Bothwell was past all danger, went with
him to the lords, unto whom she spake on this manner.
" My lords, I am come unto you not out of any fear I had of
my life, or yet doubting of the victory if matters had gone
to the worst ; but I abhor the shedding of Christian blood,
especially of those that are mine own subjects, and will there-
fore yield unto you, and be ruled hereafter by your counsels,
trusting you will respect me as your born princess and queen."
They receiving her with the wonted reverence, answered
dutifully at first ; but when she could not be permitted to go
unto the Hamiltons (whom she had a desire to see), although
she gave her promise to return, and so found her liberty re-
strained, she waxed angry, and fell a complaining of their in-
gratitude. They replied nothing, but taking their way to-
wards Edinburgh, led her along with them, and kept her
that night in Craigmillar his lodging, who was then provost
of the town. It was night before they came thither, albeit
the day was then at the full length, because of the stays she
made by the way, either looking for some rehef by the
Hamiltons, as many supposed, or not liking to be gazed on
by the multitude, and seen in the estate of a prisoner. The
next day towards the evening she was, by the direction of
the noblemen, sent to be kept in the house of Lochleven, and
conveyed thither by the Lords Ruthven and Lindsay, be-
cause Balfour had not as yet transacted with the lords upon
the delivery of the castle of Edinburgh, though even then
he betrayed the trust which Bothwell had in him. For how
soon it was known that the queen was made prisoner. Both-
well having sent one of his servants to the castle to bring a
little silver cabinet which the queen had given him, and
wherein he reserved all the letters she had written unto him
at any time, Balfour delivered the cabinet to Bothwell's
servant, but withal advertised the lords what he carried, and
made him to be apprehended. These letters were after-
wards divulged in print, and adjected to a Ubel entitled. The
detections of the doings of Queen Mary, penned with great
bitterness by Mr George Buchanan.

Some two days after the queen was committed, the earl of
Glencarne, taking with him his domestics only, went to the
chapel of Halyrudhouse and demolished the altar, breaking

A. D. 1567.] CHURCH OF SCOTLAND. 63

the pictures, and defacing all the ornaments within the same.
The preachers did commend it as a work of great piety and
zeal ; but the other noblemen were not a little displeased, for
that he had done it without direction, and before they had
resolved how to deal with the queen ; neither did matters
frame with them according to their expectation, divers of the
nobility, of whose assistance they held themselves assured,
lying back and giving no concurrence ; and those that
favoured the queen (of which number were the earls of
Argyle, Huntly, and many others who were at the same
time assembled at Hamilton), professing open enmity, and
condemning the action as a crime of the highest treason that
could be committed. The common people also, who a little
before seemed most incensed, pitying the queen's estate, did
heavily lament the calamity wherein she was fallen. In this
uncertainty of things they resolved to write unto the lords
convened at Hamilton, and entreat their concurrence for re-
ordering the estate, and establishing of matters by a common
consent. But neither would they admit the messenger nor
receive their letters, so highly did they offend with their pro-
ceedings, and so confident they were to repair things by their
own power.

The noblemen hereupon made a motion to the Assembly of
the Church, which was then convened at Edinburgh, to deal
with those of the other faction, and persuade them to a
general meeting for matters of the Church, wherein they
hoped some good might be done, and all occasions of civil
discord removed. The Assembly hking well the motion,
condescended to prorogue their meeting unto the twentieth
of July next, and in the mean season to direct letters to the
earls of Argyle, Huntly, Caithness, Rothes, Crawford, and
Menteith, the Lords Boyd, Drummond, Herries, Cathcart,
Yester, Fleming, Livingstone, Seaton, Glammis, Ochiltrie,
Gray, Ohphant, Methven, Innermaith, and Somerville, and
to the commendators of Aberbrothock, Kilwinning, Dun-
fermline, St Columb, Newbottle, and Halyrudhouse, who did
either assist the adverse party, or then behaved themselves
as neuters. To procure the greater respect to these letters,
John Knox, Mr John Douglas, Mr John Row, and Mr
John Craig, were chosen commissioners, and had instructions
given them to this purpose : " That Satan by his instru-

64 THE HISTORY OF THE [a. D. 1567.

ments had of long time and by many subtile ways laboured
to hinder the progress of true religion within this realm, and
that now the same was in hazard to be utterly subverted,
chiefly through the poverty of the ministers that ought to
preach the word of life unto the people : some being com-
pelled to leave their vocation, and betake them to civil call-
ings ; others so distracted by earthly cares, as they could
not wait upon the preaching of the Word so diligently as
they wished. In consideration whereof the Assembly of the
Church being convened at Edinburgh, had thought it neces-
sary to prorogue their meeting to the twentieth of July, and
to entreat and admonish all persons truly professing the Lord
Jesus within the realm, as well noblemen as barons, and those
of the other Estates, to meet and give their personal appear-
ance at Edinburgh the said day, for giving their advice,
counsel, and concurrence in matters then to be proponed ;
especially for purging the realm of popery, the establishing
of the policy of the Church, and restoring the patrimony
thereof to the just possessors. Assuring those that should
happen to absent themselves at the time, due and lawful
advertisement being made, that they should be reputed
hinderers of the good work intended, and as dissimulate pro-
fessors be esteemed unworthy of the fellowship of Christ's
flock : considering chiefly that God in his mercy had offered
a better occasion for effecting these things than in times past,
and that he had begun to tread down Satan under foot."
This they were willed to speak, and by all fair persuasions
to move them to keep the day and place appointed.

The missive letters were for the most part to the same ef-
fect ; but in these, besides the provision of the ministers, I
find the poor and indigent members of Christ also mentioned,
and somewhat said concerning an union to be made amongst
the professors, and such a conjunction as might make them
able to withstand the craft and violence of their enemies.
But neither did the letters nor the credit given to the com-
missioners prevail with those to whom they went, all almost
excusing themselves (some by word, others by letter), and
saying, " That in regard of the present division caused by
the queen's imprisonment, and that the town of Edinburgh,
where they were required to meet, was straitly kept by a
part of the nobility and some hired soldiers, they could not

A. D. 1567.] CHURCH OF SCOTLAND. 65

come to the place appointed without trouble and danger of
their Hves. Not the less they did assure the Church of their
willingness to every thing that might serve to advance the
gospel, and further the provision of the ministers, for the
better and more diligent attendance on their callings." The
earl of Argyle did answer more particularly ; and touching
the policy, desired that no novations nor alterations should be
made before a general meeting of the Estates. In like sort
the Lord Boyd did by his answer promise to hold hand to the
forthsetting of the policy, but with an exception, so far as it
might stand with law. Yet had both the one and other
ratified the book of pohcy by their subscriptions long before,
and made no scruple either of law or custom at that time.
The noblemen that remained at Edinburgh, perceiving they
could not be drawn to a meeting, resolved to prosecute their
purpose at all hazards, and joining with the Assembly, con-
descended to all the articles proponed for the good of the
Church, and made great promises of performance ; howbeit,
having once attained their ends, they did forget all, and
turned adversaries to the Church in the same things where-
unto they had consented. Always the articles agreed unto
were as followeth.

1. That the acts made in the parliament holden at Edin-
burgh the twenty -fourth of August 1560, touching religion
and the abolishing of the pope's authority, should be ex-
tracted forth of the registers, and have the force of a public
law ; and that the said parliament, in so far as concerned
religion, should be maintained and defended by them, as a
parhament lawful, and holden by sufficient commission from
the queen then being in France, and be ratified in the first
parliament which should happen to be kept within the
realm.

2. That until perfect order might be taken for restoring
the patrimony of the Church, the act of assignation of the
thirds of benefices for the sustentation of the ministry should
be put in due execution.

3. That the act of council made with consent of her
majesty, touching the conferring of small benefices within
the value of thi'ee hundred marks to ministers, should be put
in practice ; as likewise the act for annuals, obits, and al-
tarages, especially within burghs.

VOL. II. 5

66 THE HISTORY OF THE [a. D. 1567.

4. That in the first lawful pai'liament which should he
kept, or sooner if occasion might serve, the Church of Christ
within this kingdom should be fully restored unto the patri-
mony belonging to the same, and nothing be passed in parlia-
ment before that and other matters of the Church were first
considered and approved. In the meanwhile the noblemen,
barons, and other professors then present, did willingly offer
and consent to reform themselves in the matter of the Church-
patrimony according to the book of God, and to put the
same in practice for their own parts, ordaining the refusers
and contraveners of the same to be secluded from all benefits
of the Church. It was farther agreed, that in the next
parliament, or otherwise at the first occasion, order should
be taken for the ease of the labourers of the ground in the
payment of their tithes, and that the same should not be dis-
poned to any others without their advice and consent.

5. That none should be pei-mitted to bear charge in schools,
colleges, and universities, nor allowed pubHcly or privately
to instruct the youth, except such as should first be tried by
the superintendents and visiters of the Church, who being
found meet should be admitted by them to their charges.

6. That all crimes and off'ences committed against the law
of God, should be severely punished according to the word
of God, and judges deputed for execution thereof; or, if there
be no laws as yet made, nor judges appointed for the punish-
ment of such crimes, that the same should be done in the
first parhament,

7. That seeing the horrible murder of the king, her
majesty's husband, is a crime most odious before God, and
tending to the perpetual shame and infamy of the whole
realm, if the same should not be exemplarily punished,
the noblemen, barons, and other professors should employ
their whole forces, strength, and power for the just punish-
ment of all and whatsoever persons that should be tried and
found guilty of the same.

8. Since it hath pleased God to give a native prince unto
ihb country, who in all appearance shall become their king
and sovereign, lest he should be murdered and wickedly
taken away as his father was, the nobility, barons, and others
under subscribing should assist, maintain, and defend the
prince against all that should attempt to do him injury.

A. I). 1567.] CHURCH OF SCOTLAND. 67

9. That all kings and princes that in any time hereafter
shall happen to reign and have the rule of the realm, should
in their first entry, and before they be either crowned or
inaugurated, give their oath and faithful promise unto the
true Church of God, for maintaining and defending by all
means the true religion of Christ presently professed within
the kingdom.

10. That the prince should be committed to the education
of some wise, godly, and grave man, to be trained up in
virtue and the fear of God ; that when he cometh to years
he may discharge himself sufficiently of that place and honour
whereunto he is called.

11. That the nobility, barons, and others underscribing,
should faithfully promise to convene themselves in arms for
the rooting out of idolatry, especially the blasphemous mass,
without exception of place or person. And likewise should
remove all idolaters, and others not admitted to the preaching
of the word, from the bearing of any function in the Church,
which may be a hindrance to the ministry in any sort ; and
in their places appoint superintendents, ministers, and other
needful members of the Church. And farther, should faith-
fully bind themselves to reform all schools, colleges, and uni-
versities throughout the realm, by removing all such as be
of contrary profession, and bear any charge therein, and
planting faithful teachers in their rooms, lest the youth
should be corrupted with poisonable doctrine in their lesser
years, which afterwards would not easily be removed.

These were the articles agreed unto by a common consent,
and subscribed in the presence of the Assembly, by the earls
of Morton, Glencarne, and Mar, the Lords Home, Ruthven,
Sanquhar, Lindsay, Graham, Innermaith, and Ochiltrie, and
many barons, besides the commissioners of burghs.

Upon the dissolving of this Assembly, the Lords Ruthven
and Lindsay were directed to Lochleven to deal with the
queen for resignation of the government in favours of the
prince her son, and the appointing of some one to be regent,
who should have the administration of affairs during his
minority. At first she took the proposition grievously, an-
swering in passion, that she would sooner renounce her life
than her crown : yet after some rude speeches used by the
Lord Lindsay, she was induced to put her hand to the re-

68 THE HISTORY OF THE [a. D. 1567.

nunciation they presented, by the persuasion chiefly of Robert
Melvill, who was sent from the earl of Athole, and Lethington,
to advise her as she loved her life not to refuse any thing
they did require. He likewise brought a letter from Sir
Nicholas Throgmorton, the ambassador of England (who was
come a few days before to visit her, but was denied access),
to the same effect, declaring that no resignation made in the
time of her captivity would be of force, and in law was null,
because done out of a just fear : which having considered
with herself a while, without reading any one of the writs
presented, she set her hand to the same, the tears running
down in abundance from her eyes. One of the writs con-
tained a renunciation of the crown and royal dignity, with a
commission to invest the prince into the kingdom by the
solemnities accustomed. And to that purpose a procuration
was given to the Lords Ruthven and Lindsay for demitting
and resigning in presence of the three Estates the rule and
government ; and to the earls of Morton, Athole, Mar, Glen-
carne, and Menteith, and to the Lords Graham and Home,
with the bishop of Orkney, and the provosts of Dundee and
Montrose, for inaugurating the prince her son. The other
writ did appoint the earl of Murray regent during the prince
his minority, if at his return he should accept of the charge.
And in case of his refuse, the duke of Chatelherault, the
earls of Lennox, Argyle, Athole, Morton, Glencarne, and
Mar, who should jointly govern and administrate the public
aifairs.

Both the renunciation and commission for government of
the realm were the next day published at the market-cross of
Edinburgh ; and the third day after the publication (which
was the twenty-ninth of July) was the prince crowned and
anointed king in the church of Stirling by the bishop of
Orkney, assisted by two of the superintendents. The ser-
mon was made by John Knox : the earl of Morton and the
Lord Home took the oath for the king, that he should main-
tain the religion received, and minister justice equally to all
the subjects. The English ambassador, though he was in
town, refused his presence to that solemnity, lest he should
seem to approve the abdication of the queen's government.
Now how soon the news came to France (and they came in
great haste) the earl of Murray prepared to return ; whereof

A, D. 1567.] CHURCH of Scotland. 69

the archbishop of Glasgow getting intelligence (who lay there
ambassador for the queen), he laboured earnestly to have him
detained, informing that he was the head of the faction raised
against the queen, and that he was called home to be their
leader. But he had taken his leave some hours before of the
court, and used such diligence, as they who were sent to stay
him found that he was loosed from Dieppe before their
coming.

Returning by England, he came the eleventh of August to
Edinburgh, where he was received with a wonderful joy.
Great instance was used to have him accept the regency ; at
which they said no man would grudge, he being named by
the queen, and having given all good men sufficient experi-
ments of his worth. Some few days he desired to advise, in
which time he visited the queen at Lochleven, and sent letters
to the noblemen of the other faction, especially to the earl of
Argyle, with whom he had kept an entire friendship of a
long time, showing in what sort he was pressed by the lords
that maintained the king's authority, and entreating him by
the bonds of kindred, the familiarity they had long kept, and
by the love he bare to his native country, to appoint a place
where he might confer with him, and have his counsel in that
business.

To the rest he wrote according to the acquaintance he had
with them, and as their place and dignity required. Of
them all in common he desired that they would be pleased to
design a place of meeting, where they might by common ad-
vice provide for the safety of the kingdom, which in that
troubled time could not long subsist without some one to rule
and govern.

But finding them all to decline the meeting, and being im-
portuned on the other side by those of the king's faction to
undertake the charge, he resolved to accept the same ; and
in a convention of noblemen and others of the Estates kept at
Edinburgh the twentieth of August, was elected regent with
a great applause of all that were present. The same day
was his election published, and charge given to all the sub-
jects for acknowledging and obeying him as regent and
governor of the realm unto the king's majority.

4

NOTE TO BOOK IV. P. 54.

ADAM BOTHWELL, BISHOP OF ORKNEY.

[No one is more closely connected with the history of Mary, Queen of Scots,
than Adam Bothwell, bishop of Orkney. He was of the number who went to
France to anticipate her favour, and to escort her home. He joined her in mar-
riage with the infamous Hepburn, earl of Bothwell. At the coronation of
James VI. he anointed the infant king. He was of the commission that accused
her at York. He accompanied Sir WiUiam Murray of TuUibardine, and Sir
William Kirkcaldy of Grange, in their desperate but unsuccessful pursuit of the
Duke of Orkney. He was continually embroiled with Church and State. Yet
he contrived to fare luxuriously every day, to die in his bed, and to obtain a
resting-place and eulogistic tombstone in the Abbey of Holj-roodhouse, which
venerable name became the title of a peerage to his eldest son. The domestic
history of this remarkable personage is scarcely known, and we give it here
from sources not very accessible to the general reader.

His father, Francis Bothwell, was one of the most distinguished burgesses of
Edinburgh in the reign of James V. For many years he presided over the
counsels of his native town, and aided those of the state, both legislative and
judicial, with an honest energy of character and talents that had fallen on evil
times. At the crisis of the battle of Flodden, when the magistrates and citizens
of Edinburgh distinguished themselves both by their devotion in the field, and
by the wisdom and firmness with which they met and provided for the exigen-
cies of a moment so fatal to Scotland, Francis Bothwell ranked foremost among
his fellow-citizens. In the course of the period between the years 1514 and 1524,
he passed successively through all the dignified civic ofiices, during the unpopular
regency of Albany. The following document, from the ancient records of the
city of Edinburgh, is so curiously characteristic of the times in Scotland, that we
must give it verbatim : —

" 17 April 1518, the 12th hour.— The quliilk, in presence of the president, bail-
lies, counsall, and communitie, Maister Francis Boithwell producit my Lord
Erie of Aran's, principall provest, writings and charge, till excuse him fra the
office of little Johne, to the quhilk he was chosen for this year ; desyrand the
samyn to be obeyit, and the tenour ihairof to be incertit in this instrument ; the
quhilk tenour of the said writing foUowis : ' President, baiUies, and counsall of
Edmburgh, we greet you weill ; it is understand to us, that Maister Francis
Boithwell, your nichtbour, is chosen to little Johne, /or to mak sports andjoscosi-
iies in the toune ; the quhilk is a man to be usit in hiear and graver matters, and
als is upon his viage to pas beyond sey his neidfull erandis; quharfor we request
and prayis, and als chargis you, that ye hold him excusit at this tyme ; and wa
be this our wrytingis remittis to him the law, gif ony he has incurrit, for none
excepping of the said office, discharging you of ony poynding of him tharfor.
Subscrivit with our hands at Linlithgow the 12th day of April, the zeir of God
1518. Youris, James, Erle of Arane.' The quhilk wrytingis the said Maister
Francis allegit war nocht fulfiUit nor obeyit; and tharfor he protestit that quhat

72 NOTE TO BOOK IV.

evir war done in the contrar, turn him to na prejudice; and for remeid of law,
tyme and place quhar it efferis."

Thus it seems that this tyrannical mummery was forced, under severe penal-
ties, upon the most distinguished citizens. The date of this very curious instru-
ment is only a few years after the fatal Flodden, and doubtless the graver
citizens were even yet not quite in trim for sports and joscosities.

" Hei mihi ! difficile est imitari gaudia falsa,
Difficile est tristi fingere mente jocum."

Not long afterwards, Francis Bothwell occupied the place of the Earl of
Arran, as Provost of Edinburgh, an office then of high distinction. Subsequently
he appears as commissioner for the burghs, a lord of the articles, royal commis-
sioner, and finally, one of the original ffteen who composed the bench of the
College of Justice when first instituted by James V. in 1532. Nisbet, in his
great heraldic work, generally very accurate, records that Adam Bothwell was
the second sou of Francis by his first wife, a daughter of Patrick Richardson of
Meldrumsheugh. On searching the records of the city of Edinburgh, however,
I found that Francis Bothwell married, secondly, Katherine Bellenden, and by
her had two children, Adam, afterwards bishop of Orkney, and Janet, who be-
came the wife of Sir Archibald Napier of Merchiston, and mother of the cele-
brated John Napier, the author and inventor of the Logarithmic Canon. Hence
it is that some curious letters of this prelate's are still preserved in the charter-
chest of the present Lord Napier. We find a very interesting sentence relat-
ing to the great Napier, in a letter addressed to his father Sir Archibald Napier
by the bishop of Orkney, and dated 5th December 1560 : —

" I pray you, Schir, to send your sone Jlione to the schnyllis ; oyer to France
or Flandaris ; for he can leyr na guid at harae, nor get na profFeit in this
maist peruUus wordle ; that he may be savet in it ; that he may do frendis
efter honour and proffeit, as I dout not hot he will."

In this correspondence with his brother-in-law, the bishop affijrds some curi-
ous glimpses of the manners and state of those rude and turbulent times. He
was the first reformed bishop of Orkney ; but he seems to have joined the infant
Church rather from a sense of the staggering state of the old religion, than be-
cause he entertained any abhorrence of its corruptions. In 1552, he succeeded
his brother William, who had succeeded their paternal uncle Richard, as rector
of Eskirk. From the register of the privy-seal, it appears that Adam Bothwell
was preferred to all the temporalities of the see of Orkney on the 11th October
1559. He is designed bishop of Orkney in the grant, and must have been
elected by the chapter previous to that date. At this time he was about thirty
years of age. His immediate predecessor was Bishop Reid, amost distinguished
prelate, statesman, and patron of letters, president of the College of Justice, and
one of the unfortunate ambassadors who were sent to arrange the preliminaries
of Mary's marriage with the dauphin. Most of these, and among the rest
Bishop Reid, died, under strong suspicion of poison, on their way home in 1558.
His reformed successor was continually in the midst of what he called cum-
meris, that is, vexation or turmoil. Keith says that Adam of Orkney appears
never to have taken any charge of his cure. But the bishop's letters prove this
to be a mistake, although he was by no means an exemplary prelate. In a letter
dated 5th February 1561, he complains grievously of a conspiracy of some of
the Sinclairs against him in Orkney, instigated, as he says, by the lord justice-
clerk, Sir John Bellenden, who was a near relation of his own. Collecting a
mob, they took and kept violent possession of his house or palace of Birsay ; and
it is curious to find, in a letter nearly three centuries old, the familiar complaint
that factious men were creating a riot, by misleading the ignorant with false
promises of freedom and independence. Henry and Robert Sinclair, he says,
" beand instigat be the justice-clerk, quha maryet with thaime twa sisteris, to

NOTE TO BOOK IV. 73

loup in ane of my plaices callet Birsay, quhilk they kepit, and thaireftyr on bes-
set the way quhairbe I was to cum haimo from my visitatioun, with gret
nomber oflf commonis, quhem thai pat than iu beleiff to leifF frelie, and to knaw
na superiouris in na tymis cumyn ; quhilks be Goddis graice haid na powair to
hairme me, althocht thair uttir purpos was at thair hethir cumyn, to haiflF alder
slaine me, or taken me." This riot appears to have been connected with the re-
formation of religion ; papists, however, being in this instance the rioters. For
the bishop adds, that there being convened " ane gret multitude of the commonis,
at the first held court eftyr Yeuil (1560), quhen thai were all gatheret and in-
quyret be certain off my messengeris, send to thaime to that effek, giff thai
wold be content off mutatioun off religion, quhilk thai reffuset, and that notwith-
standing I cloisset my kirk dorris, and lies thoilet na mess to be said thairin
sensyne ; quhowbeit thai wer sua irritat thairbe, that eftyr thai haid requyret
me sindrie tymes to let thaime in to that effek, at last gaderet together in gret
multitud, brocht ane preist to ane chapell hard at the scheik of the schamber
quhair I was lyan seik, and thair causset do mess, and marj-e certain pairis in
the auld maner. This was doune on Sonday last, quhilk I culd not stoppe with-
out I wold have committit slauchter." These letters are full of threats, which
he soon afterwards fulfilled, of going to France to pour his grievances into the
royal ear. There, in the spring of the year 1561, he joined the young queen,
now on the eve of embarking on that sea of troubles where her fortunes and
her fame were wrecked. The most luxurious crown in Christendom had just de-
parted from her ; and, as an earnest of that which was to replace it, on one side
her bastard-brother reminded her of the ascendency of protestantism ; on the
other, John Lesley, afterwards bishop of Ross, warned her, iu the name of all the
saints, against the intrigues and ambition of her sinister brother; and between
whiles, that indefatigable bore, the bishop of Orkney, fatigued her with com-
plaints against the lord justice-clerk. This latter worthy was Sir John Bel-
lenden of Auchinoul, a nephew of Katherine Bellendeu, the bishop's mother, she
being the sister of Sir Thomas Bellenden of Auchinoul, also justice-clerk, and
director of chancery to James V. Another curious family connexion is thus
brought out. Katherine Bellenden, the grandmother of the inventor of logar-
ithms, and the mother of the bishop of Orkney, was subsequently married to
the notorious Oliver Sinclair, whose ill-fated elevation in the affections of James
V. led to the untimely death of that monarch. This alliance accounts for these
expressions in one of the bishop's letters,—" Olyfer Sinclair, my gud-father."
Bedford and Randolph, iu their letter to the council in England, narrating the
particulars of the murder of Rizio, say, " There were in this companie two
that came in with the king, the one, Andrew Car of Fawdenside, whom the
queen say th would have stroken her with a dagger ; and one Patrick Balentine,
brother to the justice-clerk, who, also her Grace sayeth, offered a dag against
her belly with the cock down." Thus, the cousin-german of the bishop, who
anointed the infant James, had threatened his life before he was born. From
some expressions in the justice-clerk's will, he had stood in loco parentis to
Adam Bothwell, and seems to have ruled him throughout. Sir John Bellen-
den was particularly active in promoting the marriage between Mary and the
earl of Bothwell ; and as great difiiculty was experienced in prevailing upon a
protestant clergyman to perform the ofiice, he had procured and probably ex-
torted the services of Adam of Orkney. " Unus," says Buchanan, with the
severest point of his elegant latinity, " Orcadum Episcopus, est inventus, qui
gratiam aulicam veritati prseferret, cseteris reclamantibus, causasque proferenti-
bus, cur legitimse non essent nuptiffi cum eo, qui duas uxores adhuc vivas haberet,
tertiam, ipse nuper suum passus adulterium, dimisisset," ti.c. But this brought
the bishop into sad cummer with the Kirk, and he hastened to redeem his
error by becoming conspicuous in the ranks of Mary's persecutors. Dr
Barry, in his history of the Orkney Islands, says of Adam Bothwell, " Not-

74 NOTE TO BOOK IV.

withstanding his having joined the enemies of the queen, Mary seems still
to have retained for him some degree of her former favour ; for when her
unfortunate circumstances compelled her to resign the crown, she granted
a procuration to him to inaugurate her son, the young prince, which was
accordingly done at Stirling," (p. 244). This is a great mistake. Mary
never even read the deed which named the bishop. It was her enemies who
devolved the office upon him, not as her friend, but as their creature. Then
came the coronation, where, " be the ministration of the said reverend fader,
Adame, bishope of Orkuay, was anointed the said maist excellent prince, in king
of this realme and dominions thereof," &c. " quhairupon the said Sir John Bel-
lenden, justice-clerk, in name of the said Estaitis, and also John Knox, minister,
and Robert Campbell of Kinzeancleugh, asked actis, instrumentis, and documen-
tis." (Privy-council Records.)

It is somewhat remarkable that our author, Spottiswoode, when recording
the attempt to seize the person of the fugitive and piratical duke of Orkney,
makes no mention of the fact that the bishop of Orkney was a party to that dan-
gerous enterprise, and was thereby placed in one of the most extraordinary
predicaments that ever befell a bishop. This strange and graphic incident had
also escaped the research of Mr Tytler.

In the Register of the Privy-council there is a charge, dated 10th August
1567, to some particular masters of ships belongiug to the town of Dundee, and
in general to " all masters of ships, and other mariners, indwellers within the
burgh, to prepare themselves and their ships to pass with Sir William Murray
of Tullibardine, the comptroller, in quest of the earl of Bothwell, within six
hours after they be charged ; and on the 11th day of the same month, there is a
commission to Sir William Murray, comptroller, and Sir William Kirkcaldy of
Grange, to convey the king's lieges in warlike manner, and provide ships to
pursue the earl of Bothwell, his assistars or colleagues, by sea or land, with
fire, sword, and all kind of hostility, and fence and hold courts of justice where-
soever they shall think good."

Sir James Melville, in his very curious contemporary Memoirs, speaking of
this expedition says : " Now the lard of Grange twa schippis being in rediness,
he maid saill towardis Orkeney ; and na man was sa/rafe (alert) to accompany
hyra as the lard of Tullibardin and Adam Bodowell, bishop of Orkenay." From
the records of the privy-council, however, it appears that Tullibardine was com-
missioned by government as leader in the expedition. The presence of the
bishop remains to be accounted for, as no man was more studious of his ease, or
more anxious to avoid the cummer in which he was perpetually involved. The
warlike barons, it will be observed, were not only authorized to apprehend the
duke of Orkney, but to hold courts of justice wherever they might take him,
obviously for the purpose of his immediate condemnation. It was of consequence
to the Morton faction that he should be instantly put out of the way, and in a
manner least likely to elicit disclosures ; therefore, to countenance and aid
these barons in their judicial functions, Adam Bothwell, a privy-councillor,
and a lord of Session, accompanied the expedition, and doubtless had his
instructions. Moreover, the keeper of the castle of Kirkwall, in which the
fugitive nobleman had hoped to be able to fortify himself, was Gilbert Balfour,
a dependant of the bishop's, and married to his sister, Margaret Bothwell.
Upon the 19th of August 1567, their armament was complete, and set sail for
the Orkneys. They had five ships, heavily armed, and carrying 400 soldiers.
Even the bishop had clothed himself in weighty armour, or, as Godscroft says,
a corslet of proof. It would have been singular had he presided at the
trial and condemnation of the man whom he had united to liis sovereign so
recently before. The event was otherwise ordered. Having reached the
Orkneys, they were directed by Gilbert Balfour to Shetland, in search of their
prey. It was not long ere they descried two vessels cruising oif the east coast

NOTE TO BOOK IV. 75

of Shetland, where currents, tides, and whirlpools threatened destruction to the
most skilful navigator. These were the piratical duke's, on the look-out, and
manned by desperate seamen. Grange, who commanded the swiftest of the
government ships, shot ahead, and approached Bressa Sound, through which
the pirates steered. Ouwurd pressed their pursuers, and every nerve was
strained on board the Unicorn, Grange's ship, to gain their object. The man-
oeuvre of the fugitives would have sufficed for a romance of Cooper's. So close
was the chase, that when the pirate escaped by the north passage of the Souud,
Grange came in by the south, and continued the chase northward. But the
pirates were familiar with those narrow and dangerous seas. They knew how
lightly their own vessels could dash through the boiling eddy that indicated a
sunken rock, and had discerned at a glance what would be the fate of their bulky
pursuers if they dared to follow in their desperate wake. They steered accordingly
directly for the breakers, and though the keel grazed the rocks, their vessel dashed
through the cresting foam into a safer sea. Grange ordered every sail to be set, to
impel the Unicorn in the very same track. In vain his more experienced marinei's
remonstrated. The warrior baron, as if leading a charge of horse on the plains
of Flanders, rushed on the breakers, and instantly his gallant ship was a wreck.
There was just time to hoist out a boat, and by dint of great exertions to save
those on board. As it was, the bishop of Orkney, encumbered vnth. armour
which he was not accustomed to wear, was left behind chnging alone to the
wreck. The boat being already on its way, and deeply laden, it seemed impos-
sible to save him. His cries reached them, but were disregarded. Another in-
stant of delay and he would have perished, when, collecting all his energies, he
sprang into the midst of the crowded boat, causing it to reel with his additional
weight, "which," says Hume of Godscroft, who records the incident, "was
thought a strange leap, especially not to have overturned the boat." The
bishop's loup was long remembered, and the rock from which he sprang was
called the Unicorn ever after.

It is remarkable that at the very time when the bishop of Orkney was thus zeal-
ous in the cause of the Kirk, the General Assembly entertained the highest indig-
nation against him ; and he had other breakers to pass through besides those of the
Unicorn. In the Assembly held at Edinburgh on the 25th December 1567, just five
months after the exploit above narrated, " Adam, called bishop of Orkney, com -
missioner of Orkney, being absent, was delated for not visiting the kirks of his
country but from Lambmess to Hallowmess : Item,— Tha.t he occupied the room of
a judge of the session, the sheep wandering without a pastor : /i(e?H,— Because he
retained in his own company Sir Francis Bothwell, a papist, to whom he had
given benefices, and placed a minister : Item, — Because he solemnized the mar-
riage of tho queen and the earl of Bothwell, which was altogether wicked, and
contrarie to God's law and the statutes of the Kirk." (Calderwood.) And in
the acts of that Assembly wo find, " Anent the mariage of the queen with the
earl of Bothwell, be Adam caUit bischop of Orkney, the haill Kirk finds that
he trans.:;rest the act of the Kirk in marieing tho devorcit adulterer ; and there-
fore deprives him fra all function of the ministrie, conform to the tenor of the
act made thereupon, ay and quhyll the Kirk be satisfyit of the slander committet
by him." Calderwood adds : " Adam, called bishop of Orkney, pretended he
might not remain in Orkney by reason of the evil air and weakness of his body.
He denied that he understood Francis Bothwell to be a papist, or that he placed
him in the ministry." Thereafter, however, appears an act of the General
Assembly restoring the bishop on the 10th of July 1568, in these terms :
" Toutching the bischop of Orkney's suspensione from tho ministrie, the last
Assemblie, and his obedience and submission, the Kirk restoris him again to the
ministrie of the word, and als ordains him, on some Sonday quhen he best may
for the waikness of his body, to mak an sermoun in the Kirk of Holieruidhouse,
and in the end thereof to confess his ofi"ence in marieing the queeno with the

76 NOTE TO BOOK IV,

erle of Bothwell ; and desire the Kirk thair present for the time, to forgive him
his offence and sclander given be him in doing the fornamit act : the quhilk he
promisit to do." Shortly before the date of this act, namely, on Sunday 2d of
May 1568, the queen had escaped from Lochleven ; and on the 13th of the same
month was fought the battle of Langside. A scene, the most disgraceful to both
countries, now occurred at the conferences held at York and Westminster, when
a rebel faction familiar with the darkest crimes, and a rival queen destitute of
every feminine virtue, combined to consummate the ruin of the queen of Scots.
Consi^icuous on the commission against her was the bishop of Orkney ; and there
is one scene of those extraordinary proceedings, unnoticed by our author, where-
in the frak bishop became ludicrously conspicuous. When the commissioners
first met at York, the duke of Norfolk cast various obstacles in the way of the
accusation, and, after sounding Lethington, opened a secret conference with him
and the Regent Murray, the object of which was to frustrate the designs of
Elizabeth. No one was privy to this counterplot except Norfolk, Murray, Leth-
ington, and James Melville, and their plan is minutely recorded by the latter.
The duke, after expressing his private astonishment and horror at the step the
commissioners were about to take, in accusing their sovereign of murder before
a foreign tribunal, assured them that neither his royal mistress nor himself
would pronounce any decree or sentence upon their accusation ; and to test this,
he advised his associates in this cabal, that whenever he required them before
the council to give in their written accusation, they should demand, as a pre-
liminary, that, upon their accusation being given in, the queen of England
should immediately proceed to conviction and sentence, and that this should be
guaranteed to them under her majesty's hand and seal, before they " opened
their pack." The accusation here alluded to was one in writing, which Murray
and his crew held in petto, denouncing Mary as a murderess, her marriage
to Bothwell being urged as the principal proof, and her keenest accuser
being the very bishop who had pronounced his blessing over that union.
Elizabeth vehemently desired that this accusation should be presented, but
unconditionally ; and when the counter-claim suggested by Norfolk was
put in, the delay occasioned by coiamunicating with her majesty caused the
commission to be removed from York to Westminster. The Regent Murray,
whose conduct bewildered such of his colleagues as were not in the secret,
was incessantly importuned by the bishop of Orkney to give in the accusa-
tion unconditionally. At length Morton discovered the substance of what
had passed between the duke and the regent, and, highly offended at the
exclusion of himself from their conference, laid a plan to defeat its object.
Murray's secretary, John Wood, a thorough-paced traitor, was made to dis-
close the whole matter to Cecil, who at their suggestion became more and more
urgent. They pretended, however, to stand by the condition to which Murray
had pledged himself. The secretary, Wood, said it was proper to take all the
wi-its to the council-room, but that he would keep the written accusation in his
bosom, and would not deliver it up, except the condition were fulfilled. When
the council met, the duke of Norfolk asked for the accusation. The regent
again desired the queen of England's assurance, under hand and seal, that she
would proceed to conviction and sentence. It was answered, that her majesty
was a true princess, and her word was sufficient. A general cry then arose,
on both sides, against the regent's seeming to doubt the word of Elizabeth.
Her secretary, Cecil, asked if they had the written accusation there. The rest
of the scene is so graphically told by Sir James Melville, who was present, that
we must give it in his own words : " ' Yes,' said Mester Jhon Wod (with
that he plucks it out of his bosom), ' bot I will not delyver it untill her majesteis
handwret and scale be delyverit to my Lord.' Then the bishop of Orkney cleakis
the wret out of Mester Jhon Wodis hands : ' Let me have it, I sail present it,'
said lie : Mr Jhon ran efter him as gene he wald have had it again, or riven his

NOTE TO BOOK. IV, 77

clais : Forward past the bishop to the counsaile table, and gave in the accusa-
tion : Then said to him, my Lord Willyem Hauvert (Howard), cliamberlan,
' iveill done Bischop Turpy ; thou art the frackest feloiv among them ; none of
them ivill mak thy loup gud,' scornen him for his lowping out of the lard of
Grange schip." After some little confusion, occasioned by this harlequinade of
the bishop's, Melville adds : " The due of Norfolk had anough ado to keip his
contenance ; Mr Jhon Wod winket upon the Secretary Cecill, wha smyled
again upon him ; the rest of the regcntis company were lauchen upon other ;
the secretary Liddingtoun had a sair hart ; the regent cam fourth of the coun-
saill house with a tear in his eye, and past to his lodging in Kingistoun, a myll
from court, where his factious frendis had anough ado to comfort him."

The Church was not appeased by the bishop's ludicrous activity upon this
disreputable service. The commissioners returned in the month of February
1569 ; and in the General Assembly held in June following, " Adam Bishop of
Orknay was accused for not fulfilling of the injunction appointed by the As-
sembly in the month of July 15G8." No further notice of him appears in the
acts of Assembly until the 25th of February 1570, when the following detailed
accusation stands recorded against him : " Adam of Orknay being called to the
office of a bishoprick, and promoted to the profits thereof, and suffered by the
Kirk, receives charge to preach the Evangell, to be also commissioner of the
country of Orknay, which he received and exercised for a certain space ; while
now of late he made a simoniacall change with the abbacie of Halirudhous,
although yet brooking the name and styled bishop of the same, contrary to all
lawes, both of God and man, made against simony. Secondly, he dimitted his
cure in the hands of an unqualified person, without the consent of the Kirk,
leaving the flock destitute without a shepheard, whereby not only ignorance is
encreased, but also most aboundantly all vices and horrible crimes there are
committed, as the number of six hundred persons convicted of incest, adultery,
and fornication, beares witness. Thirdly, he hath given himself daily to the
execution of the function of a temporall judge, as to be a lord of Session, which
requires the whole man, and so rightly in naither can he exercise both ; and
styles himself with Romane titles, as Reverend Father in God, which pertaines
to no minister of Christ Jesus, nor is given to any of them in Scripture.
Fourthly, in great hurt and defraud of the Kirk, he hath bought all the thirds
of the abbacie of Halirudhous ; at least he hath made simoniacall change
thereof with the rents of Orknay. Fifthly, he hath left the kirks partly im-
planted, and partly planted, but destitute of provision. Sixthly, some of the
kirks are sheepfolds, and some of them ruinous. Seventhly, he hath traduced,
both publickly and privatly, the ministers of Edinburgh, absented himself from
preaching in that kirk, and from receiving the sacraments."

The above is from the " Acts of the Assemblies concerning the adversaries of
discipline." Calderwood says, " The bishop presented his answers to the tenth
session. Mr Knox, Mr John Craig, and Mr David Lindsay, were appointed to
try the sufficiency of these answers, and to report to next Assembly ; but I find
them not. Yet ye may see what thing is they judge offensive in bishops or
ministers." Adam Bothwell's diocese comprehended the Isles, Orkney, Zetland,
Caithness, and Stranaver ; and his fixed residence ought to have been Kirkwall.
The simoniacal exchange of which he was accused seems to have been forced
upon him rather to his disadvantage, in the year 1 569, in favour of a natural
son of James V., Robert Stewart, afterwards earl of Orkney ; as appears from
an act of parliament 1569, entitled, " Exceptioun in favour of Adam, bischope of
Orkney." Be this as it may, our prelate continued to retain both the abbacy of
Holyroodhouse and the style of bishop for the remainder of his life ; and ever
after this exchange was in the habit of signing his name thus, " Adame, Bischop
of Orkney, Commendatair of Halyrudhous." In an old contemporary MS.
chronicle, which appears to be either the original, or a contemporary translation

78 NOTE TO BOOK IV.

of Adam Blackwood's Mariyre de Maria Stuart, the bishop is thus character-
ized. Speaking of tlie convention of Estates after Mary's forced abdication, this
writer says, " they caused thither to come, to represent the ecclesiastical estate
and spiritualitie, the venerable, often perjured and foirsworne father, Mr Adam
Boithwell, whom, for this purpose, they befoirhand helped to be made bischope
of the Orcades, a cameJion, a sorcerer, and execrable magitian." Notwithstanding
his dangerous adventures, and constant cummers, the bishop died peaceably iu
1593, and was buried near one of the pillars of the aisle of Holyrood, where
his grave is yet shown to the curious stranger. If the old chronicler's charac-
teristics of him be true, we must not say —

" In Sancta Croce's holy precincts lie
Ashes which make them holier."

Yet the bishop's letters are full of expressions of Christian piety and resignation.
He is constantly, " saying with godle Job, gif we half resaivit guid out of the
hand of the Loi'd, quhai suld we not alsua ressaive evil, — geiffin him maist
hartle thankis therefor, attesting our godle and stedfast fayth in him, quhilk is
maist evident in tyme of probane." Robert Bin-el, in his contemporary diary,
says, " The 15 of Mail 1567, the Queine was maried to the duck of Orkney, in
the chappel royall of Holyrudhous, by Adam Bothwel, abbote of Holyrud-
hous ; and his text wes the second of Genesis." It would be curious to compare
the bishop's spiritual improvement of that fatal event with its immediate result,
and his own concern in the catastrophe. Under the circumstances of the case, he
must have found some difiBculty in enlarging upon the verse, " Therefore shall
a man leave his father and his mother, and shall cleave unto his wife ; and they
shall be one flesh." His troublesome patron and relative, the justice-clerk, was
no less profuse of the lip-service of scriptural piety, while engaged in the most
atrocious acts, public and private, of the times. The assassination of the Regent
Murray in 1569 was caused by a tyrannical exercise of power on the part of Sir
John Bellenden. In some of the interested transactions to which the struggle
for life, place, and property, after the battle of Langside, gave rise, he had ob-
tained a gift of the lands and mansion-house of Woodhouselee. These had
belonged to Hamilton of Bothwellhaugh, a man, like all of his name, devoted in
the cause of Queen Mary. Under the auspices of the regent, Bellenden obtained
a transference in his own favour, and took possession with such inhuman vio-
lence, as to drive Hamilton's own wife out of her house in a stormy night, which
deprived her of her senses. It is well known that Bothwellhaugh took his re-
venge upon the regent. Yet the justice-clerk considered himself one of the
elect. In his last will and testament, wherein he solemnly bequeaths to his
eldest son his own worldly and nefarious policy, he speaks of " this my saule
quha baith sail meit my Maister with joy and comfort to heir that comfortabill
voce, that he has promeist to resotat, saying, cum unto me thou as ane of my
elect."

The bishop of Orkney made a will, whereby he left the bulk of his fortune to
his nephew, John Napier, who was destined to become so celebrated. His
letters frequently make mention of the fact ; but, like Benedict, when he said he
would die a bachelor, the bishop did not expect to live to be married. Some
time before the year 1571, he married a niece of the good Regent Mar, whose
wife was the cousin-german of his brother-in-law. Sir Archibald Napier of
Merchiston. The eldest son of this marriage was John BothweU, who succeeded
his father both in his seat on the bench and in his abbacy. He became a great
favourite with James VI. ; and so little did he inherit of his grandfather's dis-
like to masking and mummery, that he was always ready to play the fool when-
ever his sovereign required him. At the baptism of Prince Henry in 1594, when
his majesty entered the lists of the tournament disguised as " a Christian," the
abbot of Holyroodhouse appeared at the same time as " an Amazon, in woman's

NOTE TO BOOK IV. 79

attire, very sumptuously clad." He was in possession for some time of one of
the crown jewels, " ane greit ruble set in goldo," which the needy monarch had
impignorated to the bishop of Orkney, some time after the year 1580, for the
sum of five hundred pounds Scots. This jewel is restored by his son in the
month of January 1595-6, and King James "grantis and confessis us to have
ressavit the same ruble set in gold in als gude estate as we delyverit the same ;"
but, it is added, " without payment of the said soumc to him be us, whereupon
the samyu was impignorate." We have here, probably, one of the circumstances
which led to this coramendator of Holyroodhouse being raised to the peerage by
that venerable title, in the year 1607.

Those who are willing to believe that Adam, bishop of Orkney, was a good
and a great man, must read no farther than bis tombstone in Santa C'roce.

" Hie jacet recondltus nobilissimus vir, dominus Adamus Bothuelius, Episco-
pus Orcadum et Zetlandoe, et Commendatarius Monasterii Sauctse Crucis, Sena-
tor et Coucilarius Regis, qui obiit anno setatis suae 67, Die Mensis Augusti 23,
Anno Domini 1593.

Epitaphium.
" Nate senatoris magni, magne ipse senator,

Magni senatoris triplici laude parens ;
Tempore cujus opem poscens Ecclesia sensit,

Amplexus est cujus cura forensis opem.
Vixisti, ex animi vote, jam plenus honorum,

Plenus opum senii, jam quoque plenus obis,
Sic nihil urna tiii nisi membra senilia celat.

Teque vetat virtus vir tua magne mori,

I felix mortem requie superato supremam,

Sic patriae et liberis fama perennis erit."

The very curious letters of the bishop of Orkney will be found in the Editor's
Memoirs of John Napier of Merchiston, published by William Blackwood,
Edinburgh, and Thomas Cadell, London, 1834, quarto. He will be excused for
having derived from his own work these notices of a churchman who figures so
conspicuously in the history of Scotland, and whose own history had never been
explored. The anonymous author of a volume, entitled Memoirs of Kirkaldy
of Grange, recently published by Messrs Blackwood, has obtained credit as a
popular writer, by means, inter alia, of a lively and elaborated story of the bishop
of Orkney's adventure in the Unicorn. 1. To exonerate himself from the possible
imputation of plagiarism in the foregoing sketch, the Editor is compelled to
challenge a comparison of a chapter in these Memoirs of Kii-kaldy, entitled " The
Unicorn" (p. 184), with the quarto pages 120, 121, 122, and 123, of the Memoirs of
Napier of Merchiston. Some trifling and tawdry variations and redundancies,
superinduced upon the unacknowledged original, scarcely suffice to excuse the
absence of marks of quotation. Moreover, this writer concludes the elaborated
anecdote with a passage which he professes to quote as the words of " a popular
writer." This popular writer he does not name, but immediately directs the eye
of his reader to these references : " Edmeston's Zetland ; Peterkin's Orkney ;
Statistical Account ; Anderson's Collections, &c. &c." Now, the quoted pas-
sage is actually an extract from the Memoirs of Merchiston (p. 122-3), where
the following references occur : " Hume of Godscroft's History of the House of
Douglas ; Edmonstone's Zetland Islands ; Sir James Melville's Memoirs." It
happens, however, that the original details of the bishop's exploit and escape
are recorded only by Godscroft, to whom this author does not refer. 2. In the
Memoirs of Merchiston (p. 131), there follows an account of one Captain
Melville, figuring in a story with Fairly of Braid and Napier of Merchiston,
and introduced by a quotation from Spottiswoode. The proceedings and tragic
fate of Melville, his relationship to Napier of Merchiston and Kirkaldy of

80 NOTE TO BOOK IV.

Grange, are there all recorded, from Bannatyne's Journal, the Pollock MS.,
the Historie of King James the Sext, and Sir James Melville's Memoirs,
all duly acknowledged. In the Memoirs of Kirkaldy (p. 265) occurs a
chapter entitled " The Exploits of Captain Melyille," introduced by the same
quotation from Spottiswoode, followed by the same story of Fairly of Braid, and
particularly recording the relationship of Melville to Merchiston, as well as the
tragic fate of the former. The references are " Bannatyne ; Douglas Peerage ;
Hist. James Sext." Now, the fact of the relationship of this Melville to
Merchiston is recorded in none of these ; but was an inference deduced, from
a comparison of the old chronicles, by the Editor himself in his Memoirs of
Merchiston, p. 133. Moreover, like most plagiarists, the author in hand
blunders while he borrows. His quotation from Spottiswoode is stupidly inac-
curate ; he misstates the relationship of Captain Melville to Merchiston ; and
he has even mistaken the hero of his chapter, whom he calls " Captain David
Melville of Newmilne,"— a worthy who was alive at least ten years after the
tragic fate of the captain he is thus ignorantly handling. It was Captain James
Melville, as the very chronicles state which this writer professes to have consulted.
3. In the Memoirs of Merchiston, chap. iii. p. 133, et infra, are recorded, in a
popular narrative referring to the contemporary chroniclers, " various sieges
of the castle of Merchiston during the king and queen's wars." In particular,
quoting an unprinted Latin manuscript, entitled Ecvlesice Scoticanoe Hisloria,
per Archibaldum Symsonum, &.C., it is there stated (pp. 133, 134), that " Grange
entertained his cousin Sir Archibald Napier, when under his custody, with the
agreeable pastime of battering the family fortalice," &c. In the Memoirs of
Kirkaldy, in a chapter entitled " The Douglas Wars— the Leaguers of Mer-
chiston" this popular narrative is all reproduced. In particular, it is there
stated (p. 268), that Grange " entertained him (his relative) with the unplea-
sant pastime of cannonading his mansion," &c. ; a fact which happens only to
be recorded in the Latin MS. quoted in tlie Memoirs of Merchiston, and is not
in any of the references to which this writer directs his readers. The Memoirs
of Merchiston are mentioned nowhere throughout a book redolent of its most pop-
ular chapters. The compilers of popular books are very apt to help themselves to
the researches of others, without confessing the assistance. But when the popular
writer goes so far as to take from another, without the slightest acknowledgment,
popular passages, and the whole warp and moo/ of a popular narrative, even the
Minerva press must blush, and " the wise convey it call." The capacious pocket
of the Memoirs of Merchiston, a voluminous and costly quarto of Wstorical
biography, has been picked. We know not, and do not care, whether this has been
done directly by the author of the Memoirs of Ivirkaldy, or indirectly through
some unacknowledged precursor in this species of appropriation. But whether, as
the criminal lawyers say, this be a case of theft or reset, the identification of the
articles, and the unsatisfactory account afforded of their derivation, seem to
preclude the defence of innocent possession. Some Fiscal of Letters (in Black-
wood's Magazine for January 1849) has been unconsciously and rashly applaud-
ing a literary conveyancer. But when he commends him for his " flashes of the
old Scottish spirit," we are only reminded of the monks of Melrose, who never
wanted good ale " so long as their neighbours' lasted."— E.]

HISTORY

CHURCH OF SCOTLAND.

THE FIFTH BOOK.

THE CONTENTS.

HOW MATTERS PASSED IN THE STATE AND CHURCH DURING THE
GOVERNMENT OF THE FOUR REGENTS, HIS MAJESTY BEING YET
MINOR.

OTHWELL after his flight at Carberry, hav-
ing stayed a few days in the fort of Dunbar,
for that he feared to be enclosed, made to the
sea with two or three ships which he had pre-
pared, and went into Orkney. His purpose
was to have remained in the castle of Kirkwall, and if any
did pursue him to take himself to the ships ; but the keeper
Gilbert Balfour^ would not receive him, so as he was forced
to return to sea, and there playing the pirate made spoil of

' [Gilbert Balfour, constable of the castle of Kirkwall, was married to Mar-
garet Bothwell, sister of Adam, bishop of Orkney. As the bishop was with
Kirkcaldy of Grange in pursuit of Bothwell at this time, there can be no doubt
that the constable had received his instructions. Our historian surely had heard
of the bishop's adventure in the Unicorn, mentioned in the note to last chapter.
Perhaps he was ashamed of it. Gilbert was a younger brother of the well known
Sir James Balfour of Pittendriech, who became president of the Court of Ses-
rion in 1567, and was much involved in the dark intrigues of the times E.]

VOL. II. 6

82 THE HISTORY OF THE [a. D. 1567.

all thcat came in his way. The regent, advertised of this,
sent William Kirkcaldy of Grange with five ships well
manned to pursue him ; who coming upon him unlooked for,
as he lay in one of the creeks of Orkney, gave him the chase,
and had certainly taken him, if they had not been hindered
by rocks and shallow waters. The Unicorn, one of Grange's
best ships, was cast away upon a rock ; Bothwell with his,
that were not of such a burthen, escaping. Shortly after, he was
taken upon the coast of Norway, and conveyed to Denmark,
where being detected by some Scottish merchants, he was
put in a vile and loathsome prison, and falling in a phrenzy,
which kept him some ten years, made an ignominious and
desperate end, such as his wicked and flagitious life had de-
served.

Grange at his return had the castle of Edinburgh com-
mitted to his keeping, which a little before was sold by Sir
James Balfour to the regent for the sum of five thousand
pounds, and the gift of the priory of Pittenweem. At the
same time Patrick Whitlaw, keeper of Dunbar Castle, being
charged to render the same, did at the persuasion of his
friends yield up the fort, which otherwise was held im-
pregnable.

The lords who were convened at Hamilton, perceiving
how matters went, and that all things grew strong on the
regent's side, upon a new dehberation did write unto him and
the rest that stood for the king's authority, desiring a con-
ference, and offering to send the earl of Argyle with some
others to any place they would appoint for meeting. But
because in the superscription they gave not the regent his
due title, styling him only earl of Murray, the letter was re-
jected by the council, and the messenger dimitted without
answer. Argyle, knowing what had given the offence, re-
solved to go unto the regent, and taking with him the Lord
Boyd and the abbot of Kilwinning, came to Edinburgh.
There it being declared that the election of the regent was
not made upon any contempt or misregard of the noblemen
who were absent, but upon necessity to keep the realm in
order, it was agreed that a parhament should be called for
settling all affairs by advice and consent of the Estates, and
that the same should be kept at Edinburgh the fifteenth
day of December next.

A. D. 1567.] CHURCH OF SCOTLAND. 83

When the diet appointed for parliament came, it was
kept with such a frequency, as the Uke was not remembered
to have been seen of a long time. The honours accustomed
of crown, sceptre, and sword, were carried by the earls of
Angus, Huntly, and Argyle, and every thing done with the
greatest show of solemnity that could be used. Beginning
was made at the affairs of the Church, and divers acts con-
cluded in their favours ; as an act abolishing the pope, his
jurisdiction and usurped authority within the realm ; another
for repeahng the statutes made in former times for mainten-
ance of idolatry and superstition, with the ratifying of the
Confession of Faith ; and some others, which may be seen in
the first parliament of King James the Sixth. The matter
of pohcy and jurisdiction of the Church was referred to the
consideration of certain lords delegated by the Estates ; but
for the restitution of the patrimony, which was promised to
be the first work of the parhament, though the regent did
what he could to have the Church possessed with the same,
it could not be obtained. Only the thirds of benefices were
granted to the Church, for provision of the ministers ; the
surplus, or what should be found remaining after the
ministers were provided, being applied to the support of the
pubhc affairs of the Estate. Touching the queen, a long
consultation was held what course should be taken with her.
Some urged that she should be arraigned, and punished
according to the law. Others reasoned, that whatsoever
authority was in the kingdom was derived from her, and
was revocable at her pleasure, so as she could not be ar-
raigned or brought to trial before any inferior judge : and
when it was replied, that the Scots from the very beginning
of the kingdom had been in use to censure and punish their
kings, in case of grievous crimes, the greater number dis-
liking that course, it was concluded that she should be
detained and kept in perpetual prison.

Some ten days after, in an Assembly of the Church, the
bishop of Orkney was convened for joining the queen and
Bothwell in marriage, and deposed from his function and
office. The countess of Argyle being cited to appear before
the same Assembly for assisting the baptism of the king, and
giving her presence at the papistical rites then used, did
submit herself to censure, and was ordained to make public

84 THE HISTORY OF THE [a. D. 1567.

satisfaction in the chapel of StirUng, where the offence was
committed, upon a Sunday after sermon, in such manner
and at such time as the superintendent of Lothian should
appoint.

In the month of January, John Hepburn called of Bolton,
John Hay younger of Tallow, and two chamber-boys of
Bothwell's, Powrie and Dalgleish, were brought to trial for
the king's murder, and found guilty by their own confessions.
The sum whereof was, that they were enticed unto that
wicked fact by Bothwell, who did assure them that most of the
noblemen within the realm had consented thereto, and that
a contract was showed them subscribed by the earls of
Argyle, Huntly, young Lethington, and others ; but whether
these subscriptions were the noblemen's own or counterfeit,
they could not tell. They farther said that Bothwell made
them believe that the lords who had subscribed would each
of them have one or two of their servants present at the
murder; yet were they but eight persons in all, besides
Bothwell himself, that came unto the place ; namely. Sir
James Balfour, the laird of Ormiston in Teviotdale, Robert
Ormiston his cousin, one Wilson a man of Haddington, and
the four who were then to suffer. The sentence upon their
conviction was, that they should be hanged, their heads cut
off, their bodies quartered, and cast into the fire ; a manifold
execution, which the treacherous parricide they had committed
did well deserve.

At the opening of the spring, the regent purposing to hold
justice courts through the whole kingdom, made his begin-
ning in the west parts, because of some broken people in the
Lennox and the highlands adjoining. Whilst he remained
at Glasgow, (for the first court was there aflaxed,) the queen
made an escape from Lochleven, to the great contentment of
many who stood in fear of the regent's severity or (as the
vulgar called it) cruelty. And even some that were the
principal workers of her imprisonment, having changed their
minds, did earnestly wish her liberty. Lethington, who
hating Bothwell to the death was enemy to the queen for
his respect, as soon as he understood of his arresting in
Denmark, and saw that he was no more to be feared, desired
greatly to have her restored, as thinking his credit and
safety should that way be most assured. Sir James Balfour

A. D. 1568.] CHURCH OF SCOTLAND. 85

followed always his course. William Murray of Tullibardine,
though he had showed great forwardness at the hill of
Carberry, where the queen was taken, yet, being popishly
set, upon some private discontents forsook the regent, and
carried with him divers of his friendship. The Hamiltons
were known to desire nothing more than her freedom. The
earls of Argyle and Huntly, howbeit they had been present
at the late parliament, and giving their assistance for estab-
hshing the king's authority, turned their coats and joined
with the rest for repossessing the queen. And besides these,
many others, some led with hopes of advancement, and some
trusting to have their distressed estates bettered by a change,
longed much to have her relieved, which by this means came
to pass.

George Douglas, the regent's youngest brother, a
gentleman of good spirit, who remained with her in the
castle of Lochleven, allured by her courtesies and fair
promises, having corrupted the keepers, although he himself
upon suspicion was some days before sent forth of the isle,
got her transported (whilst the rest were at dinner) in a
httle vessel to the side of the lake, where he with the Lord
Seaton and some horsemen were attending. The first night
she lodged at Niddry in West Lothian, and the next day
was conveyed to Hamilton, whither repaired unto her the
earls of Argyle, Cassils, EgUnton, and Rothes, the Lords
Somerville, Yester, Borthwick, Livingstone, Herries, Max-
well, Sanquhar, and Ross, with many other barons and gentle-
men. The lords meeting in council, the queen declared that
the resignation she had made of the crown was extorted by
fear; as likewise the commission granted for inaugurating
the prince her son ; qualifying the same by the testimony of
Robert Melvill there present, and others. Thereupon was
the resignation decerned void and null, and proclamations
made in her majesty's name, commanding all the lieges to
meet in arms at Hamilton for pursuing the rebels that had
usurped the royal authority.

The news hereof brought unto Glasgow, (which is only
eight miles distant,) where the regent then abode, were
scarce at first believed ; but within two hours or less being
assured, a strong alteration might have been observed in the
minds of most that were there attending. The report of the

86 THE HISTORY OF THE [a. D. 1568.

queen's forces made divers to slide away ; others sent quietly
to beg pardon for what they had done, resolving not to enter
in the cause any farther, but to govern themselves as the
event should lead and direct them. And there were that
made open defection not a few, nor of the meaner sort.
Amongst whom the Lord Boyd was especially noted, and in
the mouths of all men ; for that being very inward with
the regent, and admitted to his most secret counsels, when
he saw matters like to turn, he withdrew himself and went
to the queen.

Yet the regent nothing discouraged, and esteeming his
life could not be more honourably bestowed than in the
defence of the king, albeit many did advise him to retire
unto Stirhng, would not condescend to stir, saying, " That
his retreat would be interpreted a flight, and the adversaries
thereby animated, and his friends disheartened." In the
mean season he sent advertisement to his friends in Merse,
Lothian, and Stirlingshire. The earl of Glencarne and
Lord Sempill, with the men of Lennox, and others well
affected to the cause, that lay near to the city, made haste
unto his succour, so as in a day or two his company in-
creased to four thousand and above. There was with the
queen a French ambassador, who had arrived a few days
before, and moved the regent for access to the queen before
the escape she made ; he was still posting betwixt Hamilton
and Glasgow, rather to espy and observe things, than to
make the peace he pretended ; for when he saw the regent's
forces to be few, as at first they were, and that the queen's
power was much greater, he did persuade her to take the
field, and put it to the trial of a day, which she resolved to
do. Thereupon warning given to make ready against the
next morning, the earl of Argyle was proclaimed lieutenant,
and conclusion taken to march with the army by Glasgow
towards the castle of Dumbarton, where they purposed to
place the queen, and either to give battle, or draw the war
at length as they pleased : or if the regent (which they did
not expect) should meet them in the way, to fight him, ac-
counting the victory certain, because of their numbers.

The regent, advertised of the queen's intentions, took the
field the next day early, and stood with his companies some
hours in battle-array upon the moor of Glasgow, where it

A. D. 1568.] CHURCH OV SCO 1 LAND, 87

was believed the queen's army should pass ; but when he saw
them keep the other side of the river, he directed the horse-
men to pass the fords, the water being then ebbed, and lead-
ing the foot along the bridge went towards Langside, which
lay in their way to Dumbarton.^ This is a little village upon
the water of Cart, situated at the foot of a hill towards the
west : on the east and north the ascent unto it is somewhat
steep, the other parts of the hill are more even and plain.
Both armies contending who should first possess it, that of
the regent's prevented the other by occasion of Argyle's
sickness, who was on the sudden taken with a fit of the epi-
lepsy, and so retarded the march of the queen's army. When
they approached near and saw themselves prevented, they
went to a little opposite hill, and there ranged themselves in
two battles, placing in the first their whole strength almost ;
for if they should at the first encounter repulse their enemies,
the rest they made account would soon disband and take the
chase. The regent had likewise put liis troops in two battles,
on the right hand were placed the earl of Morton, the Lords
Home, Sempill, and Lindsay, with their chents and vassals ;
on the left, the earls of Mar, Glencarne, and Menteith, with
the citizens of Glasgow. The harquebusiers were planted in
the village beneath, and within the hedges upon the highway.
Before the joining, both sides played with their ordnance upon
others; but the advantage was on the regent's part, the
queen's cannoniers being forced to quit their munition. His
cavalry, on the other side, being much inferior to the queen's,
was compelled to give ground : but when they entered upon
the foot, thinking to put them in disorder, the archers from
the regent's side rained such a shower of arrows upon them,
as they could not hold up their faces, and were forced to turn
back. The left wing of the queen's army advancing itself in
the meanwhile, howbeit greatly annoyed by the harquebusiers,
that beat them in the strait on both sides, got into the plain
and displayed itself. Then did the armies join and enter
into a hot fight, striving in thick ranks to maintain their
places, and by force of spears to break and bear down one
another. For the space of half an horn' and more the fight
continued doubtful, and so eagerly they strove, that they

' [There is some confusion in our author's narrative. Mr Tytler, whom tho
reader may consult, fights the battle of Langside more distinctly E.]

88 THE HISTORY OF THE [a. D. 1568.

whose spears were bi'oke stood throwing their poniards,
stones, and what came readiest to their hands, in the faces of
their adversaries. The regent's second battle perceiving
that none came against them, and fearing the other should be
overlaid (for they saw some in the last ranks recoihng), went
unto their aid ; whereupon the queen's army gave back, and
so were put to rout. The regent and those on his side
showed great manhood, all their hopes consisting in the vic-
tory : nor were his enemies any less courageous, but the
advantage of the ground was to those of his part no small
help. There were not many slain on the place, most of the
slaughter being made in the chase ; and unless the regent
had with his presence, wheresoever he came, and by sending
horsemen into all parts, stayed the fury of those that pur-
sued, the victory had been much more bloody. The queen,
who stood a mile off from the battle on a little height, per-
ceiving the field lost, made towards the borders. The rest
that escaped fled the readiest way they could find, every
man to his own home. The number of the slain was about
three hundred ; many were taken prisoners ; amongst whom
the most eminent were the lords of Seaton and Ross, the
masters of Cassils and Eglinton, Sir James Hamilton of
Avondale, and the sheriffs of Ayr and Linhthgow. Of the
regent's side one only was slain, the Lords Home and Ochil-
trie wounded. All the rest, a few excepted that followed
the chase too far, returned with him to Glasgow ; where they
went first to church, and gave thanks to God for the victory
they had obtained almost without any effusion of blood. This
conflict happened upon the thirteenth of May, the eleventh
day after her escape from Lochleven. The French ambas-
sador, who had conceived an assured hope of her prevailing,
perceiving things fall out otherwise, took horse, and made
away to England, not once saluting the regent, to whom, as
he pretended, he was sent. By the way he fell in the hands ,
of some robbers that rifled all his baggage ; which the laird]
of Drumlanrig, for the respect he carried to the title of
ambassador, caused to be restored.

The rest of that day the regent bestowed in taking order!
with the prisoners. Some he freely dimitted, others upon]
surety ; but the principals were retained (they especially of J
the surname of Hamilton), and committed to several prisons, f

A, D. 1568.] CHURCH Of SCOTLAND. 89

The next day, taking with him five hundred horse, he rode
into Hamilton, and had the castle thereof, with the house of
Draffan, another stronghold helonging to the duke, rendered
in his hands. Such a terror this defeat wrought, that the
whole inhabitants of Clyde did relinquish and forsake their
houses. Upon the like fear did the queen, against the coun-
sel of her best friends, take sea at Kirkcudbright, and sail
into England, landing at Workington in Cumberland, near to
the mouth of the river Derwent ; from which place she sent
a letter to Queen EUzabeth, declaring that she was come
into her kingdom upon hope of aid and assistance from her,
requesting she might be conducted to her with all speed,
because of her present distress. John Beaton, one of her
domestics, was some days before sent with the diamond she
had received from the queen of England for a token of kind-
ness, to signify her purpose of coming into England, if she
should be farther pursued by her subjects ; who did shortly
return with large promises of love and kindness, if she should
happen to come. But as soon as her coming was known,
the directions sent by Sir Francis Knowles were not so
loving ; for by him she was desired to go unto CarHsle, as a
place of more safety, whither the lieutenant of the country
should conduct her, and stay there till the queen was informed
of the equity of her cause.

This direction did much displease her, and then began she
to see her error ; but seeming to take all in good part, she
sent the Lord Herries to entreat the queen for a hearing in
her own presence, where she might both clear herself, and
show how injuriously she had been dealt with by those whom
at her intercession she had recalled from exile ; or if that
could not be obtained, to crave that she might be permitted
to depart forth of England, and not detained as a prisoner,
seeing she came willingly thither, in confidence of her kind-
ness often promised, and confirmed as well by letters as mes-
sengers. Queen Elizabeth, moved with these speeches, said
that she would send to the regent, and desire him to stay all
proceeding against the subjects that stood in her defence, till
matters were brought to a hearing. For the regent at the
same time had called a parliament to the twenty-fifth of June,
for proceeding against those that had accompanied the queen
in the field, by course of law. They of the queen's faction

90 THE HISTORY OF THE [a, D. 15G8.

were in the meantime preparing to hinder the meeting ; and
■whenas the diet drew near, the earl of Argyle with his forces
met Lord Claude Hamilton at Glasgow ; the earl of Huntly
brought from the north a thousand foot, with as many horsemen
almost, and came as far as Perth, but was not permitted to
cross the river of Tay, the channels and passages being all
guarded by the Lord Ruthven, and such in those quarters
as maintained the king's authority. So being forced to re-
turn home, the earl of Argyle and other lords, not seeing
how they could hinder the meeting of the parhament, dis-
solved their companies, and returned to their own country.

At this time came the letters promised by the queen of
England, whereby the regent was desired to delay the par-
liament, and not to precipitate the giving of sentence in
those matters, till she was rightly informed of the whole
cause.

But the regent, considering that the delay of the parha-
ment would be construed to proceed of fear, resolved to
keep the diet. At the meeting it was loug disputed whether
all they that had taken arms against the king, and not
sued for pardon, should be forfeited ; or if sentence should be
given against a few only, to terrify the rest, and hope of
favour left unto others upon their obedience. Secretary
Lethington, who did secretly favour the other faction, main-
tained the calmest course to be the best, and, by the persua-
sions he used, wrought so as the process against the better
sort was continued, and some of meaner note only proscribed,
which was interpreted, even as the regent conceived, to pro-
ceed of fear, and not of a mind to reclaim them. The earl
of Rothes only of all the noblemen of that side reconciled
himself, accepting three years' exile for his punishment.
Some others of meaner sort the regent received into favour,
and such as stood out he pursued by force of arms, making
an expedition into the countries of Nithsdale, Annandale,
and the lower parts of Galloway, where he put garrisons in
the castles and strong forts that were judged necessary to be
kept ; others he demolished and threw to the ground, and
had in a short space (as it was thought) reduced the whole
country to his obedience, if he had not been stayed by other
letters by the queen of England. For she oifending that he
should have gone on in that manner, whereas she had willed

A. D. 1568.] CHURCH OF SCOTLAND. 91

him to defer all things till she was informed of the whole
cause, sent by one of her servants, called Middlemore, a
sharp letter unto him, declaring, that she would not endure
the sacred authority of kings to be in that sort abused at the
appetite of factious subjects ; and howsoever they had forgot
their duties to their sovereign, she would not neglect her
sister and neighbour queen. Therefore willed him to direct
certain commissioners to inform her how matters had passed,
men that could answer the complaints made by the queen of
Scotland against him and his complices, which if he failed to
do, she would restore her to her kingdom with all the power
she could make.

The regent took it grievously, that matters determined
in parliament should be brought again in question, and to
plead before foreign judges he held it dishonourable ; yet
considering the adversaries he had, (the cardinal of Lorraine
abroad, who swayed all things in the French court, and at
home many of the nobility,) and that if he did offend the
queen of England, his difficulties should be every way great,
he was glad to yield to the conditions required, though
against his will. Thus it being condescended that commis-
sioners should be sent, whenas they could not agree upon
the persons (the principal noblemen refusing the employment),
the regent himself offered to undertake the journey ; and to
accompany him, choice was made of the bishop of Orkney
and abbot of Dunfermline for the spiritual estate ; of the
earl of Morton and Lord Lindsay for the temporal ; and of
Mr James Macgill and Mr Henry Balnaves, senators of the
college of justice ; besides these, there went with him Secre-
tary Lethington and Mr George Buchanan. The secretary
had long withstood the sending of any commissioners thither,
and simply refused to go in that journey ; yet the regent
not holding it safe to leave him at home, whom he knew to
be a busy man, and a practiser under-hand with the other
party, did insist so with him as in end he consented.

The commission was given in the king's name, under the
great seal, to the regent, the earl of Morton, the bishop of
Orkney, the abbot of Dunfermline, and Lord Lindsay, or to
any three of them, " for convening with the deputies of the
queen of England at York, or any other place or places they
should think expedient, there to make plain and ample de-

92 THE HISTORY OF THE [a. D. 1568.

clarations to them (I keep the very words of the commission),
for informing his good sister of the true causes whereupon
divers of the nobihty and good subjects, during the time that
the queen his mother was yet possessor of the crown, took
occasion to put on arms, to take, detain, and sequestrate her
person for a time, with all causes, actions, circumstances, and
other their proceedings whatsoever towards her or any other
subjects of the realm since that time unto the day and date
of the said commission, or that should fall out until the re-
turn of the said commissioners ; whereby the justice of their
cause and honourable dealing might be manifested to the
world : as likewise to commune, treat, determine, and conclude
with his said sister, or her commissioners having sufficient
authority, upon all differences, causes, or matters depending
betwixt the subjects of either realm, or for farther confirma-
tion or augmentation of any treaty of peace heretofore made
and concluded betwixt the realms ; or for contracting and
perfecting any other treaty or confederation, as well for
maintenance of the true religion publicly professed by the
inhabitants of both the realms, as for resisting any foreign
or intestine power that might be stirred up within the same,
to disturb the present quietness that it hath pleased Almighty
God to grant unto both the kingdoms in the unity of the said
rehgion, and for increase of amity, peace, and concord betwixt
him and his said sister, their realms, dominions, people, and
subjects. And generally to do and conclude all things which
by them, or any three of them, should seem convenient and
necessary for the premises, or any part thereof ; promising
to hold firm and stable," &c. This commission is of the date
at Edinburgh the eighteenth of September 1568.

In July preceding there was an Assembly of the Church
kept at Edinburgh, wherein Mr John Willock, superinten-
dent of the west, being elected to moderate the meeting,
made difficulty to accept the place, unless some better order
was observed than had been in former times ; for even then
the multitudes that convened, and indiscreet behaviour of
some who loved to seem more zealous than others, did cause
a great confusion. Obedience being promised by the whole
number, he assumed the charge. And there it was enacted,
that none should be admitted to have voice in these Assem-
blies but superintendents, visiters of churches, commissioners

A. D. 1568.] CHURCH OF SCOTLAND. 93

of shires and universities, and such ministers as the superin-
tendents should choose in their diocesan synods, and bring
with them, being men of knowledge, and able to reason and
judge of matters that should happen to be proponed. And
that the Assembly should not be troubled with unnecessary
business, it was ordained, that no matters should be moved
which the superintendents might and ought to determine in
their synods. Some acts of discipline were also concluded,
as, that papists continuing obstinate after lawful admonitions
should be excommunicated; and that the committers of
murder, incest, adultery, and other such heinous crimes,
should not be admitted to make satisfaction by any particular
church, till they did first appear in the habit of penitents
before the General Assembly, and there receive their injunc-
tions. A supplication also was put up to the regent and
council, wherein amongst other particulars it was desired,
that the persons nominated in Parliament for the matter of
poUcy or jurisdiction of the Church, should be ordained to
meet at a certain day and place for concluding the same.
This was promised, and the eighth of August appointed to
that effect ; but the diet did not hold, and so these matters
continued unresolved as before. In the end of the Assembly
the bishop of Orkney, who had been deposed from all func-
tion in the Church for the marriage of Bothwell with the
queen, was upon his submission reponed to his place ; and,
for removing the scandal, he was enjoined in his first sermon
to make public acknowledgment of his fault, and crave for-
giveness of God, the Church, and Estate, which he had
offended.'

About the end of September, the regent and those that
were joined with him in commission took their journey into
England, and came to York the fifth of October.^ The
same day and almost the same hour came Thomas Howard
duke of Norfolk, Thomas earl of Sussex, and Sir Ralph
Sadler chancellor of the duchy of Lancaster, having com-

' [See note at end of Book IV.— E.]

* [" Nota. Fra the hiudereud of August 1568 to the secund day of Merch in
the samin year, na dyettes of Justiciarie halden, be ressoun of the pest, and re-
gentis being in England." — Justiciary Records, MS., Advocates^ Library. It
must be kept in mind, that until the beginning of next century, the 25th of
March was New Year's Day. See note at the end of this volume as to the pest
by which Edinburgh was scourged in 1568.— E.]

94 THE HISTORY OF THE [a. D. 1568.

mission from the queen of England to hear and determine all
questions, controversies, debates, and contentions betwixt her
sister the queen of Scots and the subjects adhering to her, on
the one part, and the earl of Murray and others refusing to
acknowledge her authority and adhering to the prince her
son, on the other ; as likewise to decide all matters de-
pending betwixt themselves two, to confirm the peace before
that time contracted, or estabUsh a new confederation be-
twixt them, their people and subjects, as they should think
most convenient. Some two days after John Lesley bishop
of Ross, WilUam Lord Livingstone, Robert Lord Boyd,
Gawan commendator of Kilwinning, and James Cockburn of
Skirling, commissioners for the Scottish queen, came to the
city, where being all convened, and the commissions ex-
hibited, an oath was presented to both parties by the com-
missioners of England, by which they were required to
swear. That they should proceed sincerely in that conference
and treaty, and neither for affection, mahce, or any other
worldly respect, propone any thing before the commissioners
which in their consciences they did not hold to be true, just,
godly, and reasonable ; as also not to withdraw, hide, or con-
ceal any matter fit to be opened and declared for the better
knowledge of the truth in the controversies standing amongst
them.

The commissioners of the queen of Scotland, before they
took the oath, protested, " That although the queen their
mistress was pleased to have the differences betwixt her and
her disobedient subjects considered and dressed by her
dearest sister and cousin the queen of England, or by the
commissioners authorized by her ; yet she did not acknow-
ledge herself subject to any judge on earth, she being a free
princess, and holding her imperial crown of God alone."
This their protestation they desired to be put on record, lest
the queen or her posterity should be prejudiced in their
sovereignty by the present proceedings.

The commissioners of England did contrariwise protest,
" That they did neither admit nor allow that protestation in
any sort, to the hurt or prejudice of that right which the
kings of England have claimed, had, and enjoyed as superiors
over the realm of Scotland ; which superiority they pro-
tested should belong and appertain to the queen their mis-

J

A. D, 1568.] CHURCH OF SCOTLAND. 95

tress in the right of the crown of England." These protes-
tations made, both parties took the oath in manner as was
required ; and this was the act of the first meeting.

The next day the commissioners of the queen of Scotland
presented a declaration in writing, bearing, " That James
earl of Morton, John earl of Mar, Alexander earl of Glen-
carne, the Lords Home, Lindsay, Ruthven, Sempill, Cath-
cart, Ochiltrie, and others their assistants, had levied an
army in the queen's name against the queen, taking her most
noble person, used her in vile manner, and thrust her into
prison in Lochleven, and forcibly broken her minthouse,
taken away the printing irons, with all the silver and gold
coined and uncoined which was in the house for the time, and
going to the castle of Stirling, had made a fashion to crown
her son the prince, being then but thirteen months old.
That James, earl of Murray, taking upon him the name of
regent, had usurped the royal authority, and possessed him-
self with the whole forts, castles, munition, jewels, and re-
venues of the kingdom. And when it had pleased God to
relieve her out of that prison (wherem she was so straitly
detained by the space of eleven months, as none of her
friends and true subjects could once be permitted to see or
speak with her), and that she had publicly declared by a
solemn oath, in the presence of divers of the nobility, at
Hamilton, that whatsoever was done by her in prison was
extorted by force, threats, and fear of death ; she, out of
that natural affection which she carried to her realm and sub-
jects, did appoint the earls of Argyle, Eghnton, Cassils,
and Rothes, to agree and make a pacification with the said
regent and his partakers ; but they were so far from admit-
ting any peaceable treaty, as they did invade her, in her
passing to Dumbarton, with the men of war whom she had
hired with her own moneys, killed divers of her faithful sub-
jects, led others away prisoners, and banished some of good
note, for no other cause but for serving faithfully their law-
ful princess ; and so after a great many injuries had forced
her to fly into England, to request the help of Queen Eliza-
beth her dearest sister, and in blood the nearest cousin she
had in the world, for restoring her into her former estate,
and compelling her rebellious subjects to acknowledge their

96 THE HISTORY OF THE [a. D. 1568

due obedience unto her majesty, which they in her highness'
name did most instantly entreat."

The day following, which was the ninth of October, the
regent and rest of the commissioners for the young king ap-
pearing, before they would give any answer to the preceding
writ, craved first to be resolved, Whether the duke and those
that were appointed with him for hearing their controversies,
had power to pronounce in the cause of the king's mother,
o-uilty or not guilty ; and if according to the same they meant
to give sentence without farther delay : As likewise, if it
should appear by the declaration they were to make that
the queen of Scots was guilty, whether she should be de-
livered in their hands, or detained in England ; and if the
queen of England would from thenceforth maintain the au-
thority of the king, and the regency established in the per-
son of the earl of Murray ? Which points they desired to
have cleared before they could enter into the accusation in-
tended. The duke of Norfolk replied, that they would
proceed according to the commission given unto them, and
render an account to her who had trusted them therewith.
Lethington upon this turning himself to the regent said,
That it seemed the Enghsh had no other purpose but to de-
fame and disgrace the reputation of the queen their king's
mother ; therefore willed him and hfs associates to consider
what hate and danger they should draw upon themselves, by
accusing her in such a public form, not only with those of
her own nation that loved the queen, but also with other
Christian princes, especially with her cousins in France,
and what they could answer unto the king, when he being
of ripe years should esteem that manner of doing dishonour-
able to himself, his mother, and to the whole kingdom.

They notwithstanding went on, and presented their an-
swer, conceived in the terms following. " That King Henry,
father to their sovereign lord the king now reigning, being
horribly murdered in his bed, James, sometimes earl of Both-
well, who was known to be the chief author thereof, entered
in such credit with the queen, then their sovereign, as, with-
in two months after the murder committed, he openly at-
tempted a rape of her person, and carried her to Dunbar
Castle, where he did keep her as captive a certain space,

A. D. 1568,] CHURCH OF SCOTLAND. 97

causing a divorce to be led betwixt him and his lawful wife,
and upon the conclusion thereof did suddenly accomplish a
pretended marriage with the queen ; which insolent pro-
ceedings, together with the shameful report that passed in all
nations of the king's murder, as if the whole nobility had
been alike culpable thereof, so moved the hearts of a good
number of them, as they thought nothing could be performed
more honourable to themselves in the sight of all the world
than, by punishing the said earl who had committed the
murder, to free themselves of the vile reports spread every-
where ; to set the queen at liberty from the bondage of that
traitor, who had so presumptuously enterprised the rape and
marriage of her, whose lawful husband he could not be ; and
to preserve the innocent person of the king from the hands of
him that had murdered his father. For which purpose they
taking arms, when the said earl came against them with
forces, leading in his company the queen to defend his wick-
edness, they offered, for sparing the blood of innocent men,
to decide the quarrel in a single combat, whereof himself by
cartel and proclamation had sundry times made offer. But
after many shifts he in end directly refused the same, and
the queen preferring his impunity to her own honour, that
he might have leisure to escape, came willingly to the noble-
men that were in arms, and conferred with them a certain
space ; after which they conveyed her to Edinburgh, inform-
ing her of the true causes that moved them to that form of
dealing, and did humbly entreat her majesty to suffer the
said earl and others, the king her husband's murderers, to be
punished according to the laws, and the pretended marriage,
wherein she was rashly entered, to be dissolved, as well for
her own honour, as for the safety of her son and quietness of
the realm and subjects. But having received no other an-
swer but rigorous threats against the noblemen, and she
avouching to be revenged upon all those that had shown
themselves in that cause, they were driven by necessity to
sequestrate her person foi* a season from the company of
Bothwell, and the keeping of any intelligence with him, until
punishment might be taken of him and of the murderers of
the king her husband. In the mean time she finding herself
wearied with the troubles of government, and perceiving by
things that had passed before that time betwixt her and the

9& THE HISTORY OF THE [a. D. 1568.

people, that neither could she well allow of their doings, nor
they like of her forms, upon these and other considerations
she voluntarily resigned her kingdom, and transferred the
same unto her son, appointing the earl of Murray (who was
at that time absent forth of the realm) to be regent during
her son's minority, and in case of the said earl's decease or
not acceptation of the said office, divers other noblemen,
whose names are expressed in the commissions signed by her-
self, and sealed with the seals of the kingdom. The king
hereupon being duly, rightly, and orderly crowned and
anointed, and the earl of Murray after his return lawfully
placed and admitted regent, all those things were ratified and
confirmed by the three Estates of parliament, most of those
that had withdrawn themselves of late from the obedience of
his authority being present and giving their consents to the
same. Not the less, whenas matters were thus established,
and the king's authority universally obeyed without contra-
diction, certain persons, envying the pubUc quietness, had by
their subtle practices first brought the queen out of Loch-
leven, and afterwards by open force, against their promised
fidelity, gone about to subvert the government received;
wherein as they were proceeding, it pleased God to disap-
point their enterprise, and give unto the king and those who
stood for his authority a notable victory upon the thirteenth
day of May last. Wherefore their desire was, that the king
and his regent might peaceably rule and govern the subjects
according to the authority they had received of God, and that
the same might be conserved and established against the fac-
tions of turbulent subjects."

The commissioners of the queen of Scots having seen this
answer, made a long and particular reply to all the points
thereof, wherein, adhering to their former protestation, first
they said, " That the pretext of taking arms against the
queen, because Bothwell (the author of her husband's mur-
der) was in such favour with her, could not warrant their
rebellion, since it never was made known to the queen that he
was the murderer. But to the contrary, Bothwell being in-
dited, and orderly summoned to underly the trial of law, he
was by the judgment of his peers absolved, and the same
absolution ratified by the authority of parliament, where the
principals that now accuse him, and have withdrawn them-

A. D. 1568.] CHURCH OF SCOTLAND. 99

selves from her majesty's obedience, were present, and not
only consented to his purgation, but solicited the queen to
take him to her husband, as the man most worthy to bear
rule of any other in all the realm, giving their bonds to de-
fend him against all that should pursue him for the said
crime, as their subscriptions would testify : and so neither
before the marriage with Bothwell nor after did they or any
of them (which had been the duty of true subjects) so much
as in word utter their dislike of it, or advertise her majesty
of the suspicions that were taken of him, until they had
drawn the keeper of the castle of Edinburgh and the provost
of the town unto their faction. Then secretly putting them-
selves in arms, they suddenly under silence of night environed
the castle of Borthwick, where her majesty remained ; and
after she had escaped to Dunbar, levied an army, under pre-
tence to defend the queen, wherewith invading her person in
the way betwixt Dunbar and Edinburgh, they did take her
majesty captive."

And where they allege, that her majesty, preferring the
impunity of Bothwell to her own honour, made him to be
conveyed safely away ; " The same was most untrue, for
they themselves sent the laird of Grange to her majesty,
desiring her to cause Bothwell pass out of the fields as sus-
pected of the king's murder, till the same might be tried, and
that she would go with them and follow the counsel of the
nobility, which if she would do, they would honour, serve,
and obey her as their princess and sovereign ; whereunto her
majesty, for the love she bare unto her subjects, and to avoid
the effusion of Christian blood, did willingly assent. In veri-
fication whereof, the said laird of Grange took the earl of
Bothwell at the same time by the hand, and willed him to
depart, giving his word that no man should pursue him. So
as nothing is more clear than that he passed away by their
own consents ; for if they had been minded against him only,
would they not have pursued him so long as he was in the
country, for he remained a great space after that in his own
house, and might more easily have been taken there than
upon the seas, where they in a coloured manner did pursue
him ? Hereby (said they) may all men of sound judgment
perceive that they cared not what became of him, if so they
might advance their own ambitious purposes and designs."

100 THE HISTORY OF THE [a. D. 1568.

Thirdly, where she is charged to have used them with
threats and menacmgs ; " That (they said) was not to be
thought strange, considering their un dutiful behaviour, and
the rude and vile usage her majesty suffered by them. For
when the earl of Morton, at her highness' first coming to them,
had reverently, as it became him, said, Madam, here is the
place where your grace should be, and we will honour and
serve you as truly as ever the nobility of the realm did any
of your progenitors in former times, ratifying thereby the
promise made by the laird of Grange in their names to her
majesty, and that she trusting their speeches had gone with
him to Edinburgh ; they, first lodging her in a simple bur-
gess house, contrary to their promises did most rudely entreat
her ; whereupon she sent Lethington her secretary, and made
offer unto them, that for any thing wherein they or any of
the subjects were offended she was content the same should
be reformed by the nobility and the Estates of the realm ;
her highness being present, and permitted to answer for her-
self; yet would they not hearken once to the motion, but in
the night secretly and against her will carried her to Loch-
leven, and put her in prison."

As to that they say, that she, wearied with the molesta-
tions of government, did make a voluntary resignation of the
kingdom in favours of the prince her son, appointing the
earl of Murray his regent during his minority, " the false-
hood thereof did (as they said) many ways appear. For,
first, her majesty is neither decayed by age, nor weakened
by sickness, but (praised be God) both in mind and body
able to discharge the most weighty affairs. As also the
truth is that the earl of Athole, the lairds of Tulhbardine
and Lethington (who were of their counsel) sent Robert
Melvill with a ring and some other tokens to her majesty,
advising her to subscribe the letters of resignation, and what
else should be presented unto her, to save her own life, and
avoid the death which was assuredly prepared for her if she
should happen to refuse the same ; and at the same time
the said gentleman did bring unto her majesty a letter
written by Sir Nicholas Throgmorton, ambassador of Eng-
land, requesting her highness to set her hand to whatsoever
thing they should desire of her, because nothing she did,
being captive and prisoner, could prejudice her. To whom

A. D. 1568.] CHURCH OF SCOTLAND. 101

her majesty answered, that she would follow his counsel; pray-
ing him to declare to her dearest sister, the queen of England,
how she was used by her subjects, and that the resignation of
the crown made by her was extorted by fear, which her high-
ness doubteth not but the said Nicholas performed.

" Farther, it is notorious that the Lord Lindsay, at the
presenting of the letters of resignation unto her majesty, did
menace to put her in close prison if she refused to set her
hand to the same, adding, that in that case worse would
shortly follow ; and that her highness never looked what
was in the writings presented, but signed the same with
many tears, protesting that, if ever she should recover her
liberty, she would disavow that which he compelled her at
that time to do. And to testify that the said resignation
was made against her will, the laird of Lochleven, who was
then her keeper, refused to subscribe it as witness, and did
obtain a testificat under her majesty's own hand, declaring
that he refused to be present at the said resignation.

" Neither can that renunciation be sustained by any
reason, considering that no portion of revenue was reserved
for her to live upon, neither was her liberty granted, or any
security given her of her life. All which, weighed in the
balance of reason, will to men of indifferent judgment make
manifest that the alleged dimission, so unlawfully procured,
can never prejudge her majesty in her royal estate; especially
considering that at her first escape out of prison she did
revoke the same, and in the presence of a great part of the
nobility at Hamilton, by a solemn oath, declared that what she
had done was by compulsion, and upon just fear of her life."

For the pretended coronation of her highness' son, they
said, " That the same was most unorderly done, because
there being in the realm above an hundred earls, bishops,
and lords having voice in parliament, (of whom the greatest
part at least ought to have consented thereto, it being an
action of such consequence,) four earls and six lords, (the
same that were present at her apprehension,) with one bishop,
and two or three abbots and priors, were only assisting ; and
of the same number some did put in a protestation, that
nothing then done should prejudge the queen or her successor,
by reason she was at that time a captive. Nor can any man
think that if the dimission had been willingly made by her

f"-%

102 THE HISTORY OF THE [a. D. 1568.

highness, she would ever have nominated the earl of Murray-
regent, there being many others more lawful, and that have
better right thereto than he ; of whom some have been
governors of the realm in former times, and during her
majesty's minority had worthily excrced that place."

It is to as little purpose what they object of the parhament,
and the ratification made therein, " seeing the principals of
the nobility disassented, and put in their protestations, both to
the lords of the articles and in the open parhament, against
their proceedings, affirming that they would never agree to
any thing that might hurt the queen's majesty's person, her
crown and royal estate, farther than her highness' self being
at liberty would freely approve." Lastly, where they would
have it seen that the authority established by them was
universally obeyed in the realm, and all things well and
justly administered ; " both these are alike untrue. For a
great part of the nobility have never acknowledged another
authority than that of the queen, keeping and holding their
courts in her majesty's name. And for the administration
of affairs, it is apparent that wickedness did never reign
more and with less controlment in the realm, murder, blood-
shed, with theft and robbery, every where abounding ;
policy destroyed, churches thrown down, honourable families
ruinated, and true men bereft of their goods, for satisfying
the soldiers hired by them to maintain the regent's usurped
government, the like whereof hath not been seen nor heard
for many ages before. In regard whereof they in behalf of
the queen of Scotland, their mistress, did earnestly request
the support and assistance of the queen of England her
cousin, for restoring her to her crown, and suppressing the
rebels that had attempted against her."

The English commissioners having perused the writings
of both sides, declared, that as yet they were not satisfied with
any thing the regent had showed, requiring him to produce
some better and more sound reasons for the severity they
had used against their sovereign, otherwise they could not
but think she had been too hardly dealt with, and report so
much to the queen their mistress. The regent (who dis-
hked nothing more than to be drawn into the accusation of
the queen his sister) answered, that he could not be more
particular till he should be assured that the queen of Eng-

A. D. 1568.] CHURCH OF SCOTLAND. 103

land would undertake the protection of the young king, and
relinquish the cause of his mother. The commissioners re-
plying, that they had no warrant to promise any such thing,
he besought them to try the queen's mind, that her pleasure
being known he might sooner resolve what to do. Letters
hereupon were sent to the queen, who willed the regent to
direct some one or more of his side to court for her better
information. To this effect Secretary Lethington and Mr
James Macgill, clerk of the rolls, were sent thither, with
whom the queen having conferred a little time, she gave
order to recall her commissioners, and advertise the regent
himself to come unto her. At his coming the queen laid to
his charge the proceeding against his sister the queen of
Scots, saying, that " she did not see how he and the rest of
his faction could well be excused, and that unless matters
were better cleared on their parts, she could not deny the
help and assistance that was required at her hands." The re-
gent, according to the condition proposed at York, answered,
" That if she would take upon her the defence of the king, they
should be more particular in their reasons for rejecting the
queen's authority, and clear every thing they should speak
sufficiently ; otherwise to accuse his sister and queen, would
be held odious in the judgment of all men."

Whilst these things were a-doing in England, the queen's
faction at home sought all occasions to make trouble, abusing
the popular sort with rumours they dispersed : sometimes
giving out that the regent was made prisoner in the Tower ;
at other times, that he had promised to subject the kingdom
of Scotland to the EngHsh, to deliver the young king to be
brought up in England, and put all the forts and strong-
holds in the realm into their hands. Nor was any man
more busied in dispersing such hes, and using all means else
for stirring up tumult, than Sir James Balfour, instigated
thereto by advertisement from the secretary, as was com-
monly thought. For by his advice it was that the Scottish
queen at the same time sent commissions of lieutenandry to
divers noblemen for erecting again her authority ; like as all
the while he remained in England he did ever keep intelli-
gence with the bishop of Ross and others the queen's agents,
and was one of the chief plotters of the match intended be-
twixt her and the duke of Norfolk, which came shortly after

104 THE HISTORY OF THE [a. D. 1568.

to be detected. The regent, who was not ignorant of these
secret workings, did find there was a necessity of his return-
ing home, to prevent the commotions that were breeding,
before they grew into a greater ripeness : and fearing to
offend the queen of England, if he should depart without
giving her satisfaction in the particulars she desired to be in-
formed of touching the queen of Scots, resolved to do it, but
with a protestation, which he presented in writing to the council
at Westminster the twenty-eighth of November, in this form.
" Albeit our whole proceedings from the beginning of our
enterprise, directed only for the punishment of the king's
murder, and the purging of our nation from the scandal of
that abominable fact, may let the world see how unwiUing
we have been to touch the queen our sovereign lord's mother
in honour, or to publish unto strangers matters tending to
her infamy, yet shall it not be amiss upon the present occa-
sion to show briefly what hath been, and still is our meaning
therein. Such and so great was our devotion toward her, as
well for private affection, whereby every one of us was led
to wish her well, as for pubhc respects, that rather than we
would blemish her honour with the foreknowledge of that
detestable murder, we choosed to wink at the shrewd reports
of the world, and let ourselves be blazoned as rebels and traitors
to our native prince ; which had been easy for us to have
wiped away with the uttering of a few words, if the desire we
had to save her reputation had not made us content that the
world should still live in doubt of the justice of our quarrel,
and speak every one as their affections were incUned. So
when we were urged by the queen's majesty of England, and
the French king's ambassadors, to give a reason why we de-
tained our queen at Lochleven, we gave no other answer,
but that her affection was so excessive towards Bothwell, the
committer of that odious murder, that she being at liberty it
would not be possible to punish him, and that it behoved us
for a season to sequestrate her person, till he might be ap-
prehended and punished. In what danger this dealing
brought us we have no need to show. From France we had
nothing to expect but open hostiUty, and by keeping up the
chief causes of her rejection we had reason to fear that the
queen of England should call the justice of our proceedings
in doubt, and so leave us destitute of her majesty's aid, at

A. D. 1568.] CHURCH OF SCOTLAND. 105

whose hands we principally look to receive comfort in time of
danger. This course not the less we wonld still have kept,
if the importunity of our adversaries had not forced us to
take another way. For remembering what a person she is
whom we are brought to accuse, the mother of our king and
sovereign lord, a lady to whom in particular the greatest part
of us are so far obhged for benefits received, that if with the
perpetual exile of any one, or of a number of us, forth of our
native country, we could redeem her honour without the
danger of the king and whole Estate, we would willingly
banish ourselves to that end. And therefore ere we dip
further in the matter which to this hour we have shunned,
we solemnly protest, that it is not any delight we take in
accusing her, but a necessity that is laid upon us to purge
ourselves, that draws us unto it. For if our adversaries
would have rested content with our former answer, which
they know to be true, no farther would be needed : but
against our hearts, in defence of our just cause, they com-
pelled us to utter the things which we wish were buried in
perpetual oblivion. So, if our doing seem hateful to any,
let those bear the blame who force us to the answer, which
they know we may, and in the end must give. One thing
only we desire, that they who have brought us to this neces-
sity may be present and hear what is said, that, if we speak
any untruth, they may refute the same, for even in point of
greatest moment we will use their own testimony."

This being communicated with the agents of the Scottish
queen, they answered, " That they did not force them to any
accusations ; and if they did utter any untruths, or calumniate
the queen in any sort, they would not patiently hear it.
That all their desires were to have their queen restored to
her kingdom, from which by force of arms she was expulsed ;
or if it should please the queen of England to hear any more
of that matter, they requested that the queen of Scots might
be sent for, and permitted to speak for herself."

Meanwhile by a new patent there were joined to the other
commissioners. Bacon keeper of the great seal, the earls of
Arundel and Leicester, with the lord admiral, and Sir
William Cecil, and a time assigned to the regent for produc-
ing the reasons of the queen's rejecting. When the day
was come, he presented the confessions of some that were

10g THE HISTORY OF THE [a. D. 1568.

executed for the king's murder ; the statutes of parliament
ratifying her resignation of the crown and her son's corona-
tion, subscribed by divers of her own party ; certain amatory
verses and epistles written to Bothwell (as they said) with
her own hand ; three several contracts of marriage betwixt
her and Bothwell ; with a number of presumptions, likeli-
hoods, and conjectures, to make it appear that she was privy
to the murder Bothwell had committed.*

The queen of England, having seen and perused all these,
stood doubtful what to do : for albeit she was content to
have some blot rubbed upon the queen of Scots, as many
supposed, yet the pity of her misfortune made her sometimes
to think of composing matters betwixt her and her subjects.
The terms besides wherein she stood with the French king,
who was daily by his ambassadors soUciting the queen of
Scots' hberty, made her uncertain what course to take ; for
if she should simply deny his request, it would be esteemed
a breach of friendship ; and to yield unto his desire, she
thought it scarce safe for her own estate. Therefore keep-
ing a middle course, she resolved to suspend her declaration
unto another time, and willed the regent, seeing he could
make no longer stay, to leave some of his company to answer
the criminations, which possibly his adversaries would charge
him with after he was gone. But he replying, said, " That
he was not so desirous to return home, but he would wilUngly
stay to hear what they could allege against him. Nor was
he ignorant of the rumours they had dispersed, and what
they had spoken both to some of the council and to the
French ambassador ; which were more convenient to be
told whilst he was himself in place and might make answer,
than to belie and calumniate him in his absence : wherefore
he did humbly entreat her to cause them utter the things
plainly that they muttered in secret. Hereupon were the
queen of Scots' commissioners called, and it being inquired,
whether they had any thing to object against the regent
which might argue his guiltiness of the king's murder ;" they
answered, " That when the queen their mistress should bid
them accuse, they would do it, but for the present they had

' [Our author does not record the incident of the bishop of Orkney snatching
the written accusation from the hands of Secretary Wood, and presenting it at
the council table. See note at end of Book IV.— E.]

A. D. 1568.] CHURCH OF SCOTLAND. 107

nothing to say." The regent replied, " That if the queen or
any other would accuse him, he should ever be ready to give
an account of his actions, and neither dechne place nor time ;
but in the meanwhile till she should intend her accusation, it
was reason they should declare if they themselves had any
thing to lay unto his charge." After divers subterfuges, in
end they professed that they knew nothing which might
make him or any of his associates suspected of the murder.

The regent now at the point to depart, a new let was
made by the duke of Chatelherault, who coming from France
by England, drew himself into a contestation for the govern-
ment ; pleading that the same did belong to him, as being
the nearest of blood, and lawful heir of the crown next after
the queen of Scots and her succession.

This he said was the law and practice of all nations, and a
custom perpetually observed in Scotland ; for proof whereof
he alleged the regency of Robert Stewart, uncle to King
James the First, with that of his son Duke Murdoch, after
the father's death ; the government of John duke of Albany
in the minority of King James the Fifth, and his own regency
in the nonage of the present queen. Contrary to which
custom, a few rebels (as he complained) had most injuriously
to liis disgrace, and (which was most unsufferable) to the
contempt of the lawful blood, preferred one base born unto
the supreme dignity ; which honour if it should be restored
to him, the civU troubles, he said, would cease, and the queen
without any tumult be restored to her content. Whereupon
he requested the queen of England's favour, and that by her
authority the earl of Murray might be caused cease from his
usurped government.

To this in behalf of the regent it was replied, " That the
duke's petition was most unjust, and contrary to the custom
and laws of the country, which provided that at such times
as the crown should fall into the hands of minors, one or
more of the most sage and powerful in the Estates should be
elected for the administration of affairs unto the king's ripe
age. This course, they said, the Scots had constantly kept
the last six hundred years, and thereby secured the king-
dom, and transmitted the same free and safe to their pos-
terity. As, for instance, after the death of King Robert
Bruce, Thomas Randolph, earl of Murray, was elected

108 THE HISTORY OF THE [a. D. 1568.

governor ; upon his death, Duncan earl of Mar ; after him,
Andrew Murrray, and then Robert Stewart, who were all
chosen regents one after another. In the minority of King
James the Second, Sir Alexander Livingstone was elected, a
man neither of blood to the king nor a noble man of degree,
but for his worth and wisdom preferred. In hke sort, King
James the Third had four tutors appointed to him by the _
Estates, none of them for any respect of propinquity.

" And for the examples adduced of Duke Murdoch and
John duke of Albany, they made nothing to the purpose.
The last of the two in the minority of King James the Fifth
being called to the government by the nobility, and confirmed
therein by the Estates. And to show that in his election no
respect was had to nearness of blood, his elder brother Alex-
ander was then alive, who would not have been passed, if
propinquity or kindred had carried the sway. How Duke
Murdoch and his father before him came to govern, it was
well known. King Robert the Third, waxing infirm and
unable to rule by himself, did substitute his brother (called
Robert likewise) his lieutenant in the kingdom, commend-
ing his two sons, David and James, to his care. But
the kindness he showed to them was, that the elder of the
two was starved to death in the palace of Falkland, and the
younger forced to fly for his life, he being detained prisoner
in England. After the father's death, the uncle usurped
still the place wherewith he was possessed, and at his dying
left the same to Murdoch his son. As to that he speaks of
his own regiment, they said he had done more wisely not to
have mentioned it, considering his preferment proceeded
rather of hatred borne to the cardinal, who had supposed a
false testament, than of any favour carried to himself : and
that being possessed in the place, he sold both it and the
young queen to the French, which had bred a great deal of
trouble. And granting the custom had been such as he pre-
tends, will any man in reason judge it safe to commit the
tuition of an innocent child to him, whose family hath enter-
tained so long enmity with that of which the king is de-
scended, and will ever be waiting and wishing the death of
his pupil? None will think it." This was the substance of
the reply ; which when the queen of England heard, she di-
rected certain of the council to show the duke, that he was

A. D. 1568.] CHURCH OF SCOTLAND. 109

not to look for any help from her in that business, and to
prohibit his journey into Scotland, till the regent was parted
and gone home.

About the same time there were letters of the queen of
Scots intercepted, sent to the noblemen of her party in Scot-
land, wherein she complained, " That the queen of England
had not kept promise unto her ; yet desired them to be of good
heart, because she was assured of aid by some other means,
and hoped to be with them in a short time." These letters
sent from Scotland to the regent, he delivered to the queen
of England, who, from thenceforth, was much estranged from
the queen of Scots, as well for that she charged her with
breach of promise, as because it appeared she leaned to some
others besides herself.

The regent presently after took his journey homewards,
and being attended by the sheriffs and gentlemen of the
country at the queen of England's direction, came safely to
Berwick the first of February, and the day following to
Edinburgh. Within a few days he went to Stirling, and in
a convention of the Estates having related the proceedings
m England, had all ratified and approved.

The twentieth of the same month, the duke of Chatelher-
ault returned, and being made deputy by the queen of Scots,
caused publish his letters, prohibiting the subjects to acknow-
ledge any other sovereign than the queen. Hereupon the
regent gave forth proclamations, charging the lieges in the
king's name to meet him in arms at Glasgow the tenth of
March. The duke in the mean time sent to the Assembly of
the Church, convened at that time in Edinburgh, a prohx
letter, wherein he signified, " That being in France, and hear-
ing what troubles were moved at home, the love he carried
to his native country made him return with intent to pacify
these stirs at his utmost power. And, howbeit, in his ab-
sence he had suffered wrong, yet he assured them that his
own particular did not grieve him so much as the danger
wherein the kingdom was brought by the diversity that had
happened betwixt the queen their native sovereign and a part
of her subjects, which he wished to be removed in some quiet
and peaceable manner ; and that the Estates convening might
(after they had considered the ground and beginning of these
troubles, which he conceived to be the murder of the queen's

110 THE HISTORY OF THE [a. D. 1568.

late husband,) with one consent agree upon some reasonable
course to be followed for redress thereof, and of the evils
which thence had proceeded ; whereunto he, and all the no-
bility continuing in the obedience of the queen their sovereign,
should be found phable. Which he did not write (as he said)
because of the proclamations made by the earl of Murray to
convene people in Glasgow the tenth of March ; ^ for since
these troubles began he was not in the country ; and if all
Scotland were gathered, he would trust for his own and his
predecessors' good deserving to find such favour as, if the earl
of Murray would invade him and his friends, he should not
be assisted by any of them to do him wrong. Therefore de-
sired them in God's behalf (so the letter beareth) to make
his mind and intention known to the people ; or if they did
not think his desires and offers reasonable, that they would
come and reason with himself, whom they should find easy to
be ruled in all matters according to God's word and equity."

To this letter, dated at Hamilton, the twenty-seventh of
February 1568, the Assembly answered, " That they would
communicate the letter with the regent, and know his plea-
sure, whether or not they should send any of their number
to the duke in commission to treat with his grace." Which
accordingly they did, appointing the superintendents of
Lothian and Fife, with Mr John Row, to go unto the
regent, and, having obtained his license, to pass to the duke
and noblemen that were in his company, and use all means
possible for reconciling them to the obedience of the king
and his regent.

They had also certain petitions given them to be presented
to the regent in name of the Church ; as to desire, " That
beneficed persons not bearing function in the Church, and

' [" Spottiswoode and Buchanan represent the regent's order to assemble troops
as issued after the Convention, and after the duke of Chatelherault had arrived
in Scotland ; but Lord Hunsdon, who had received a letter from the re£;ent him-
self, states, that the gathering of the forces was by the appointment of the Con-
vention, and there can be little doubt that this was the case. His last letter
is dated twenty-first February. In it he says that he had received a letter from
Murray, on the twentieth, mentioning that forces were ordered to join him by
the tenth of March. But the duke did not come to Scotland till the twentieth of
February, and consequently the orders must have been issued before his arrival.
Indeed, it is not likely that the regent, contemplating as he did much opposition,
would not solicit the Convention's approbation of the strong measures which ha
judged it prudent to adopt."— Cook's History of the Church of Scotland,
vol. i. p. 47.— E.]

A. D. 1568.] CHURCH OF SCOTLAND. Ill

subject only in payment of thirds, should be compelled to
contribute for sustentation of the poor : that remedy might
be provided against the chopping and changing of benefices,
diminution of rentals, and setting of tithes in long leases, to
the defrauding of ministers and their successors ; that they
who possessed plurahty of benefices might be caused dimit all
saving one ; that the jurisdiction of the Church might be sepa-
rated from the civil ; and that they might, without his grace's
offence and the council's, use their censures against the earl
of Huntly for deposing the collectors of the Church, and
placing others in their rooms, by his own authority." Such a
respect was carried in that time to civil power, as the Church
could not proceed in censures against men in prime places
without their knowledge ; the neglect whereof in after times
brought with it great troubles both to the Church and State.
I find in the same Assembly, the university of St Andrews
ordained to meet, and form such orders as they should think
fit for giving degrees in divinity, whereby it appeareth that
our first reformers were not enemies to degrees, either in
schools or in Church.

But to return to the State : by the travels of the superin-
tendents, matters for that time were transacted betwixt the
regent and the duke in this manner. " That the duke should
come to Glasgow, and submit himself to the king's authority.
That he and his friends should be restored to their honours
and possessions. That he should give surety for his and
their continuing in the king's obedience ; and that the rest
who were joined with him in that cause should be all accepted
upon the same conditions." This transaction not contenting
the earls of Argyle and Huntly, they refused to be com-
prised under it; either thinking to obtain better or more
easy conditions of the regent, or animated by the queen of
Scots' letters, who had then conceived some hopes of liberty.

The duke, hearing that they would not accept the condi-
tions, did forethink what he had done, and at the day ap-
pointed for giving in his surety, though he came himself to
Edinhm-gh, made divers shifts, desiring that all matters
might be continued to the 10th of May, when the two earls
were expected, and the queen's mind would be better known.
It was told him, " That the earls were treating severally for
themselves, so as he needed not to wait on their coming.

112 THE HISTORY OF THE [a. D. 1569.

And for the queen's approbation, being asked, if she should
deny it, what in that case would he do ?" More ingeniously
than profitably for himself he answered, " That he was drawn
against his will to make the promise he had made, and that
if he were freed of it, he would never consent to the like."
Thereupon was he and the Lord Herries (who accompanied
him, and was thought had diverted him from liis former re-
solution) committed in the castle of Edinburgh.

The earls of Argyle and Huntly, who were at the same
time making their own appointment, had a day assigned
them at St Andrews, whither Argyle came first ; and with
him the difiiculty was not great, because in the last tumults
he had carried himself more moderately than others ; where-
fore of him no more was craved, but that he should swear
obedience to the king and authority in time coming, as he
did. The business with Huntly was greater, for he during
the regent's absence had usurped the royal power, placing
lieutenants in the countries of Angus, Mearns, and Stratherne,
and committed great spoils upon the subjects in those parts.
Therefore whenas divers of the council did advise to put all
things past in oblivion, it was by others opposed, " That the
example of such impunity would prove hurtful: for when
they that had continued in the king's obedience, and sustained
loss in their goods, should perceive the rebels after a manner
rewarded, and no regard taken of their losses, they would
undoubtedly grudge, and, if troubles should afterwards arise,
be more slack to do service ; yea, granting there were no
such inconvenience to be feared, yet neither the regent nor
yet the king himself could by law remit the robbing of an-
other man's goods, unless restitution was made of that which
was spoiled." And whereas some did object his greatness,
and that his lying out might cause great uuquietness, it was
replied that " it was an idle fear : for was not his father, a man
of greater wealth and wisdom, easily brought under foot,
when he set himself against the authority ? And shall he,
who hath not as yet repaired the calamities of his house, be
able to withstand the forces of a whole kingdom ? It is more
foohsh, they say, that he will seek to some foreign prince,
and so endanger the country ; for whom shall he find ?
Princes are not wont to make account of strangers, farther
than may serve to their own commodity. To accept him in

A. D. 1569.] CHURCH OF SCOTLAND. 113

favour, they said, was sufficient, albeit he gave satisfaction
to the subjects whom he had wronged." This opinion pre-
vailing, it was concluded that, after trial of the complaints,
he should satisfy those that he had wronged, at sight of the
council.

But then arose another question, " Whether all that had
assisted him in these last troubles should be comprised in his
remission, and power given him to compone with them for
satisfying such as complained ; or that they should be sever-
ally called, and every man fined as he should be tried to
have offended." They who thought the earl too rigorously
used in the point of satisfaction, held that to be the smallest
favour which could be done to him, to remit his followers to
himself. But to the contrary it was answered, " That in civil
wars nothing was so much to be looked unto as the weaken-
ing and dissolving of factions, which is the most easily wrought,
when the prince reserves to himself the power of pardon and
punishment." It was farther said, " That a several examina-
tion was necessary, because all had not offended alike ; and
that no man was so unfit to take that trial as the earl himself,
because in all probability they should find most favour at his
hand who had been most forward in his service, and so the
least guilty should bear the heaviest punishment." Upon
these considerations it was thought meet to convene his fol-
lowers severally, remitting his domestics only to be used by
him at his pleasure. And thus was he received into grace ;
which done, the regent made an expedition into the north,
where having kept justice-courts at Aberdeen, Elgin, and
Inverness, he settled all those parts in peace, and for observ-
ing the same took pledges of Huntly, and the principal
clans of the country.

In his return the Lord Boyd, who was lately come from Eng-
land, did meet him at Elgin with letters from both the queens,
and some others written by his private friends in the Eng-
Ush court. The queen of England in her letters made offer
of three conditions in behalf of the queen of Scots, requiring
one of the three to be accepted. These were, " That she
should either be absolutely restored to her royal dignity ;
or be associated in the government with her son, and in all
letters and public acts honoured with the title of a queen,
the administration of affairs continuing in the regent's hands

VOL. n. 8

114 THE HISTOUy OF THE [a. D. 1569.

till the king should be seventeen years of age ; or, if none
of these could be granted, that she might be permitted to
return unto her country, and live a private life, having
honourable means appointed for her entertainment." The
queen of Scots desired "that judges should be appointed for
cognoscing the lawfulness of her marriage with Bothwell,
and if the same was found contracted against the laws, it
might be declared null, and she made free to marry where
she pleased." From private friends, especially by a letter of
Sir Nicholas Throgmorton, the regent was advertised, that
the marriage of the duke of Norfolk with the queen of Scots
was concluded, and that they did wait only the opportunity
of performance. Wherefore he wished liim to concur with
his best friends in that matter, and to do it with such ex-
pedition and good affection, as it might not appear either to
the queen his sister, or others who had interest in the
business, that his consent was extorted, and not willingly
given. To this effect he advised him to send the laird of
Lethington to England with speed, as the wisest and most
sufficient man he could choose, who would provide for him
and the rest that had assisted him, substantially and as-
suredly. " His conscience," he said, " and some over precise
objections might perhaps trouble him ; but if he could have
espied any other thing than his overthrow in resisting, he
would not have written so peremptorily unto him." Then
concluded with these words, " No man's friendship will be
more embraced than yours, no man's estimation be greater if
you shall conform yourself, and concur with your friends in
this : contrariwise, if you withstand, or become an adverse
party, you will be so encumbered both from hence, from thence,
and all other places, as no man can advise you what to do.
Therefore God send you to direct your course for the best."
This letter was accompanied with another from Sir
Nicholas to Lethington, wherein he showed, that according to
his advice he had written to the regent with a great zeal
and care of his well doing, (these were the words he used,)
and requested he should hasten his coming to court for that
business, the same being as yet concealed from the queen,
till he as the fittest minister might propone the same in
behalf of the regent and nobility of Scotland, whereunto he
held it assured the queen would assent, as preferring her

A. D, 1569.] CHURCH OF SCOTLAND. 115

own surety, the tranquillity of her kingdom and conservation
of her people, before any device that might proceed from
the inconsiderate passions of whomsoever. And that he
might be the more encouraged, he did inform him particu-
larly of the duke of Norfolk's consent, and the approbation
of the earls of Arundel, Pembroke, Leicester, Bedford,
Shrewsbury, and the rest of the noblest, wisest, ablest, and
mightiest of that realm. And it was truth that he wrote of
their consenting, howbeit with a condition, so that the queen
of England was not against it : yea, besides these, divers
well aifected both to religion and state did wish the purpose
a good success ; for perceiving no inclination in the queen of
England herself to take a husband, they feared the queen
of Scots, who was her undoubted heir, by matching with
some foreign prince, might endanger both religion and state ;
and therefore desired the marriage with the duke might
take effect, he being a nobleman of England, beloved of the
people, and educated in the protestant rehgion. For by this
match, as they made account, if it should happen the young
king to die, the two kingdoms might be united in a prince of
the Enghsh nation ; or if he lived unto a ripe age, he might
be married with the duke's youngest daughter, who was near
of the same age, and that way the two crowns be made one.
But these devices proved idle and vain, as we shall hear.

The regent, for answering these letters, did appoint a
meeting of the Estates at Perth in July thereafter. At
which time an Assembly of the Church was also kept in
Edinburgh, and from it commissioners directed to the Con-
vention, to renew the petitions made the year preceding,
that as yet had received no answer. And farther, to desire
" that a portion of the tithes might be allotted for sustenta-
tion of the poor ; the labourers of the ground permitted to
gather the tithes of their proper corns, paying for the same
a reasonable duty ; and that the thirds of benefices, being
really separated from the two other parts, the collectors of
the Church might peaceably intromit therewith, for the
more ready payment of ministers according to their assigna-
tions." But these petitions, in regard of the more weighty
business, were deferred to another time.

And the Convention falling to consider the letters sent
from England, did hardly accord upon an answer. Begin-

116 THE HISTORY OF THE [a. U. 1569.

ning with that of the queen of England, they judged the
first condition so derogatory to the king's authority, as they
did simply reject it. The second, of association, was held
dangerous ; and the third only thought reasonable, and
meet to be accepted. But when they came to speak of the
queen of Scots' desires, the contention was great. They
that stood for the king's authority taking exception, first, at
her imperious form of writing, and that she did command
them, as though she were their absolute queen ; then at the de-
sire itself they excepted, not holding it safe to condescend unto
the same before the queen of England should be acquainted
therewith ; for they conceived some other thing to be lurk-
ing under that purpose of divorce than was openly pretended.
Such as affected the queen, and were privy to the marriage
intended with Norfolk, excusing the form of writing, and lay-
ing the blame upon her secretaries, made offer to procure new
letters in what terms they pleased, so as judges were named
to proceed in the divorce : and when they saw this not to be
regarded, in a chafing mood they said, " That it was strange
to think, how they that, not many months passed, seemed to
desire nothing more than the queen's separation from Both-
well, should now when it was offered decline the same." It
was answered again in heat, " That if the queen was so
earnest in the divorce, she might write to the king of Den-
mark, and desire him to do justice upon Bothwell for the
murder of the king her husband. That done, the divorce
would not be needful, and she freed to marry where and
when she pleased."

The Convention breaking up, and neither the queen's fac-
tion obtaining what they desired, nor Lethington the employ-
ment Avhich he affected, new suspicions began to rise on all
sides, and, as in the most secret practices somewhat always is
bursting forth, a rumour went rife amongst the common sort,
that some great enterprise was in hand, which would bring
with it a wonderful change in both kingdoms. Mr John Wood,
one of the regent's domestics, being sent with the answer of
the Convention, did signify to the queen of England the busi-
ness made about the divorce, and what was done concerning
it ; but she, not seeming to regard the matter, professed that
she was not satisfied with the answer of the Convention, and
desired they should think better of the conditions proposed.

A. D. 1569.] CHURCH OF SCOTLAND. 117

The truth was, that she held not the gentleman of sufficient
quality to deal in such businesses ; for otherwise she was not
ignorant of the cause wherefore the divorce was sought, and
had warned Norfolk to take heed on what pillow he laid his
head ; yea, she took so ill the queen of Scots' carriage in
that matter, as shortly after she caused her to be removed to
Coventry, more within the country, and gave her in custody
to George Talbot, earl of Shrewsbury, and Edward Hast-
ings, earl of Huntingdon.

The regent, upon his servant's return, convened the no-
bility again at Stirling, where in effect the same answer, that
of before, was given to the propositions made by the queen
of England ; and herewith Robert Pitcarne, abbot of Dun-
fermhne, a man of good sufficiency, was directed, who was
willed to say for the point of association, " That the same
could not be granted, as tending to the utter overthrow of
the king's authority, and the endangering of his person. For
besides that the participation of a crown was obnoxious to
many perils, there could be no equality of government be-
twixt an infant king and a woman of mature age, who would
find a thousand ways, being once possessed with a part of
the rule, to draw the whole unto herself. And if it should fall
that she matched with some foreign prince, or other great
personage who must needs be partner with her in the govern-
ment, the danger would be so much the greater." These
and the like reasons he was willed to use for the queen of
England's satisfaction. But, before his coming to court, the
face of things was quite changed ; the duke of Norfolk com-
mitted to the Tower, and the bishop of Ross put in the keeping
of the bishop of London. After which brake shortly forth that
rebellion in the north part of England, whereof ThomasPercy,
earl of Northumberland, and Charles Nevil, earl of Westmore-
land, were the heads. A rebellion that in the beginning caused
great stir, and put the queen of England in such fear, as once
she resolved to send the queen of Scots by sea to the regent ;
but the sudden dispersing of the rebels altered that resolution.
The two earls fleeing into Scotland, Northumberland
was, not long after, put out by some borderers to the regent,
and sent to be kept in Lochleven : Westmoreland found the
means to escape into Flanders, where he hved long in a poor
and contemptible estate.

118 THE HISTORY OF THE [a. D. 1569.

Lethington, perceiving all his devices frustrated, and being
conscious to himself of divers ill practices, remained for the
most part with the earl of Athole at Perth ; who being sent
for to come to the regent, made divers excuses, and when he
could not shift his coming any longer, entreated Athole to
accompany him, that if need was he might use his interces-
sion. Being at Stirling in council. Captain Thomas Craw-
ford, servant to the earl of Lennox, did openly charge him
with the king's murder, whereupon he was committed in a
chamber within the castle of Stirling. And at the same time
were certain directed to apprehend Sir James Balfour, who
was guilty of the same crime ; but he made an escape.
Lethington was sent prisoner to Edinburgh (where he was
to have his trial) under the charge of Alexander Home of
North Berwick, a trusty gentleman.

Having stayed some days in lodging not far from the
castle, the laird of Grange, counterfeiting the regent's hand,
came about ten of the clock at night, and presented a war-
rant for receiving the prisoner in his keeping. The gentle-
man, taking no suspicion, obeyed, for he knew no man to be
more inward with the regent than was Grange. And he,
indeed, unto that time did carry the reputation of an honest
man, nor was any one thought more sure and fast than he
was. But from thenceforth he became hated of all good men,
and was in no esteem, as having abused his credit and de-
ceived the regent, to whom he was many ways obHged. For,
besides other benefits, he had preferred him before all his
own friends to be keeper of the castle of Edinburgh. The
next day, being sent for to come to the regent, he refused.
Not the less, the day following (so careful the regent was to
reclaim the man) he went himself to the castle, and conferred
a good space with him, accepting the excuse he made, and
contenting himself with a promise to exhibit Lethington when
he should be called to his trial.

After which, keeping his journey to the borders, which he
had intended, he went by the Merse, and, as he was accus-
tomed, took up his lodging in the castle of Home. But there
he was coldly received, the lord of the place having changed
his party, and taken himself to the contrary faction. From
thence he went to Teviotdale ; and though he was advised
by his friends, because of his small company, to return, and

A. D. 1569.] CHURCH OF SCOTLAND. 119

defer his journey to another time, he would needs go on, and
had great obedience showed in all the parts to which he came.

All the time of this expedition he had warning given him
daily of some practices against his life, wherein Grange was
ever named as one of the principals. But he, not trusting
these informations, sent the copies of all his advertisements
to Grange ; whose purgations were so slender, as he was ever
after that time held suspected. Soon after the regent's re-
turn from the borders, the abbot of Dunfermline came home
from England, showing that the queen had taken in good
part the answer of the council, and was specially pleased with
the taking of Northumberland, which she promised to re-
member with all kindness.

And now the diet approaching of Lethington's trial, because
of the numbers that were preparing to keep the day, the
regent, disliking such convocations, and for that he would not
have justice outbragged, did prorogate the same for some
months.

The adverse faction finding his authority daily to increase,
and despairing of any success in their attempts so long as he
lived, resolved by some violent means to cut him off; and to
bring the matter to pass, one James Hamilton of Bothwell-
haugh did offer his service. This man had been imprisoned
some time, and being in danger of his life, redeemed the same
by making over a parcel of land in Lothian, called Wood-
houselee, that came to him by his wife, to Sir James Bellen-
den, justice- clerk. How soon he was let at liberty he sought
to be repossessed to his own, and not seeing a way to recover
it (for the justice-clerk would not part therewith), he made
his quarrel to the regent, who was most innocent, and had
restored him both to life and liberty. The great promises
made him by the faction, with his private discontent, did so
confirm his mind, as he ceased not till he found the means to
put in execution the mischief he had conceived against him ;
and having failed the occasion which he attended at Glasgow
and Stirling, he followed the regent to LinUthgow, where
lurking privily in the archbishop of St Andrews his uncle's
lodging, the next day, as the regent did pass that way, he
killed him with the shot of a bullet, that entering a little be-
neath the navel, and piercing the bowels, did strike dead the
horse of a gentleman who was riding on his other side. The

120 THE HISTORY OF THE [a. D. 1569.

regent had warning given him the same morning, that one
did lie in wait for his Hfe, and had the house designed where
the man did lurk ; but giving small ear unto it, answered,
that " his life was in the hands of God, which he was ready
to yield at his good pleasure." Only he resolved to pass out
of the town by the same gate at which he entered, and to
turn on the back of the town unto the way that led to Edin-
burgh, whither he was purposed. But when he had taken
horse, either that he would not seem fearful, or then hindered
by the throng of horsemen that attended, and thinking to
ride quickly by the house that was suspected, he changed his
resolution ; but the throng there working him the like im-
pediment, the murderer had the occasion to execute his
treachery.

How soon the regent perceived himself stricken, he lighted
from his horse, and returned on foot to his lodging. The
chirurgeon at the first inspection of his wound did affirm it
not to be deadly, yet after a few hours his pain increasing
he began to think of death. They who stood by saying,
that he had lost himself by his clemency, having spared that
miscreant whose life he might justly have taken ; he an-
swered, that " they should never make him forthink any
good he had done in his life." Thereafter giving order for
his private aifairs, he seriously commended the care of the
young king to such of the nobility as were present, and die
a little before midnight. This fell out the twenty -third oi
January 1569, being a Saturday.

The murderer escaping by the postern-gate of the garder
came the same night to the town of Hamilton, where at first
he was welcomed with many gratulations and made much of;
yet shortly after, to decline the envy of the fact, which theyl
heard was universally detested, they gave him a little monej
and sent him away into France. Thuanus writeth in his
story, that, not long after he came thither, he was sohcited
to undertake the like enterprise against Gasper Cohgnie,
that worthy admiral of France ; and that he did answer,
that " he had no warrant from Scotland to commit murders
in France ; and howbeit he had taken revenge of the wrong
done to himself, he was not either for price or prayer to
undertake other men's quarrels." Whether this was so or
not, I leave it upon the credit of the writer.

A. D. 1569.] CHURCH OF SCOTLAND. 121

The death of the regent was by all good men greatly-
lamented, especially by the commons, who loved him as their
father whilst he lived, and now mourned grievously at his
death. The great things he had wrought in his life (having
in the space of one year and a little more quieted the state,
which he found broken and disordered) made his very
enemies speak of him after his death with praise and com-
mendation. Above all his virtues, which were not a few, he
shined in piety towards God, ordering himself and his family
in such sort, as it did more resemble a church than a court.
For therein besides the exercise of devotion, which he never
omitted, there was no wickedness to be seen, nay, not an
unseemly or wanton word to be heard. A man truly good,
and worthy to be ranked amongst the best governors that
this kingdom hath enjoyed, and therefore to this day honoured
with the title of The Good Regent.

There fell out the next day after his death a thing which
I thought was not to be passed. He was killed on the Satur-
day, and died (as I have said) a little before midnight. The
word of his death coming to Edinburgh, Thomas Maitland, a
younger brother of Lethington (this is he whom Buchanan
makes his collocutor in the dialogue De Jure Regni), knowing
what esteem John Knox made of the regent, and loving none
of the two, caused a writing to be laid in the pulpit where
John Knox was that day to preach, to this sense, and almost
in the same words ; " Take up the man whom you accounted
another god, and consider the end whereto his ambition hath
brought him." John Knox finding the paper, and taking it
to be a memorial for recommending some sick persons in his
prayers, after he had read the same, laid it by, nothing as it
seemed commoved therewith ; yet in the end of the sermon,
falling to regret the loss that the church and commonwealth
had received by the death of the regent, and showing how
God did often for the sins of the people take away good
rulers and governors, " I perceive," said he, " albeit this be
an accident we sliould all take to heart, there be some that
rejoice in this wicked fact, making it the subject of their
mirth ; amongst whom there is one that hath caused a writing
to be cast in this place, insulting upon that which is all good
men's sorrow. This wicked man, whosoever he be, shall not
go unpunished, and shall die where none shall be to lament

122 THE HISTORY OF THE [a. D. 1569.

him." The gentleman was himself present at sermon, and
being come to the lodging, asked his sister, who was also
there, if she did not think John Knox was raving to speak so
of the man he knew not. But she weeping said, " that she
was sorry he had not followed her counsel ; for she had
dissuaded him from that doing. None of this man's denun-
ciations," said she, " are wont to prove idle, but have their
own ejffect." Shortly after, the troubles of the country in-
creasing, the gentleman betook himself to travel, and passing
into Italy died there, having no known person to attend him.
This I thought not unworthy of record, being informed
thereof by the gentleman's sister to whom these speeches
were uttered, and who was privy to the whole purpose, for
an advertisement to all persons, not to make a light account
of the threatenings of God's servants. The gentleman was a
youth otherwise of great hopes, learned and courteous, but
miscarried with aiFection, and not to be excused in this, that
he took pleasure in the fall of him whom he judged an enemy;
a thing inhumane, and abhorred of the very heathen.

The word of the regent's death carried in haste to Eng-
land, the queen sent Thomas Randolph, master of her posts,
ambassador into Scotland, partly to confer with the council
upon the surest means to keep affairs in the state wherein
they were, and partly to complain of the incursion lately
made in England. For the very night after the regent's
murder, Walter Scot of Buccleuch and Thomas Ker of Farni-
herst had invaded the country bordering upon them, and
practised greater hostility than was accustomed, of purpose
to embroil the two kingdoms in a public war, which they of
the Scottish queen's faction most earnestly desired. The
ambassador was no sooner come, but he had hearing given
him by the council ; to whom after he had spoken a few
words concerning her majesty's good affection to the realm
in general, and in her name commending to their care the
preservation of religion, the safety of the young king, and
the punishment of the late murder, he did much aggravate
the insolence of the borderers, and the spoil they had made
in England, saying, " That his mistress knew sufficiently
that these things were not done by public allowance, and
therefore meant not to make quarrel to the country, but take
herself to the actors, whom if they by themselves could not

A. D. 1569.] CHURCH OF SCOTLAND. 123

suppress, her majesty would either join her power to theirs,
or, if they thought meet, send an army into Scotland, which,
without doing harm to any good subject, should only punish
the committers of that insolence."

The council returning many thanks to the queen for her
kind ambassage, excused themselves by the present troubles,
that no determinate answer could as then be given to his
propositions, and therefore besought him to have patience
unto the first of May, at which time the Estates of the
realm were to meet, by whom her majesty should receive
all satisfaction. The Estates convening at the day, William
Douglas of Lochleven, brother uterine to the late regent,
preferred a petition to the council for some course to be
taken in the revenge of his brother's murder, considering he
was taken away in the defence of the common cause of the
realm, and not upon any private quarrel. The petition was
held reasonable by all that were present, every one consent-
ing to the pursuit and punishment of the murderer and his
complices. But in the manner they agreed not. Some ad-
vising that not the murderer only, but all who were sus-
pected to have had a hand in the treachery, should be called
to underlie the ordinary trial of law at a certain day.
Others esteemmg such a form of process unnecessary with
them who had already taken arms to maintain the fact ; and
that the best course were, to pursue with all hostility both
these that were delated of the recent crime, and such as had
been forfeited in the parliament preceding. Many inclined
to the last course, yet because it was opposed by divers of
special note, there was nothing concluded in the business ;
which was generally ill taken of the people, who construed
the delay to proceed of some private favour carried to the
enemies, and to be done of purpose, that either with time the
hatred of the murder might be lessened, or the adversaries
might have leism^e to make themselves more strong.

The Assembly of the Church in the meanwhile (which
was then convened at Edinburgh), to declare in what detes-
tation they had the murder committed, did ordain the mur-
derer to be excommunicated in all the chief burghs of the
realm, and whosoever afterwards happened to be convicted
thereof to be used in the same manner. In this Assembly
divers constitutions were made for discipHne, and amongst

124 THE HISTORY OF THE [a. D. 1570.

others an act for the public inauguration of ministers at their
entry, whereunto the revolt of some preachers gave occasion,
that, forsaking the pulpit, took them to the pleading of
causes before the lords of Session. It was then also con-
descended, that forth of the thirds, five thousand marks
should be yearly paid for the furnishing of the king's house,
and the Church burdened with no farther duty.

Some few days after, the principals of the queen's faction
being convened at Glasgow, the earl of Argyle and Lord
Boyd did write to the earl of Morton, and offer to join with
the rest of the nobility in the trial and punishment of the
regent's murder, so as the meeting were appointed at Stir-
ling, Falkirk, or Linlithgow, for to Edinburgh they would
not come. This letter (as he was desired) he communicated
with the secretary, who was after the regent's death come
forth of the castle, and by the earl of Athole brought again
unto the council, having first purged himself of the accusa-
tion laid against him, and promised to submit himself unto the
most severe trial that could be taken. His advice to the
earl of Morton was, that the noblemen should all be brought
to Edinburgh, which for those of the queen's party he un-
dertook to do, and to that effect he sent letters unto the
principals of that faction, showing that they had no cause to
fear, being in forces superior to the others, and having the
lord of Grange on their side (for he had then plainly de-
clared himself for the queen), who was both provost of the
town and commanded the castle. Thus, about the midst of
March, the earls of Huntly, Athole, and Crawford, with the
Lords Ogilvy, Home, and Seaton, did meet at Edinburgh.
The earl of Argyle, the Hamiltons, and the Lord Boyd
came as far as unto Linlithgow ; but by occasion of a tumult
raised amongst some soldiers, they were forced to disperse
their companies, and return home to their dwellings. Within
a few days the earls of Mar and Glencarne came likewise to
Edinburgh ; after whose coming the lords of both factions
meeting to confer, did think fit to continue all things till the
earl of Argyle was advertised, whose authority was great in
those times. And when it was known that he was gone
back from Linlithgow, the earl of Huntly followed to per-
suade his return ; but he would not consent. They write
the secretary should have privily dissuaded him, as one who

A. D. 1570.] CHURCH OF SCOTLAND. 125

loved to keep all things loose ; but I do not see what advan-
tage he could expect that way, and think rather that, as his
estate then stood, he did earnestly desire to have matters
accorded. The true cause of Argyle's declining that confer-
ence seems to have been the averseness of his brother and
others of his friendship, who refused to follow him in that
quarrel, and carried a constant affection to the maintaining
of the king's authority.

Whenas the other noblemen perceived that Argyle would
not come, they began to treat of the choice of a regent in
place of him who was taken away. Here first they fell to
question their own power and authority, which some main-
tained to be sufficient, because of the patent the queen had
given at first for the administration of affairs in her son's
minority, in which seven noblemen were named, besides the
late regent, and that of this number they might choose, as they
said, any one. Others reasoned that no respect ought to be
had to that patent, the same being expired by the creation of
the last regent, for which only at the time it was granted.
The more moderate gave their opinion, that all proceeding
in that business should be delayed till the convention of the
Estates in May next. This was likewise opposed by a num-
ber that esteemed the protracting of time dangerous, and
thought that it concerned the noblemen who had first assisted
the coronation of the king, and continued firm in his obedience,
to nominate a regent that would be careful of the young king
his preservation, and of the quiet and tranquillity of the realm.
But this opinion, as tending to the fostering of discord, was
rejected. So that meeting dissolved without any certain
conclusion.

At the same time one Monsieur Verac, cubicular to the
French king, landed at Dumbarton, bringing letters to the
noblemen of the queen's faction, full of thanks for the constant
affection they had showed in maintaining her cause, and pro-
mises of present succours. This did so animate them, as in
a frequent meeting, kept the first of April at Linlithgow,
they began to discover the intention, which before they had
concealed, of making war upon England; for this, as they
judged, would serve to obliterate the late regent's murder.
And to give the more authority to their proceedings, they
took purpose to remove to Edinburgh, using all means to

126 THE HISTORY OF THE [a. D. 1570.

draw the town to be of their party, which they thought
would be easily obtained by reason of Grange his command-
ment ; and if they should once compass this, they put no
doubt to draw the rest of the country their way in a short
time. But first they resolved to advertise the town of their
coming, and to entreat their favour. The magistrates an-
swered, that their gates should be patent to all that professed
themselves subjects to the king ; but they would neither re-
ceive the English rebels (meaning the earl of Westmoreland
and Lord Dacres, who were in company with the lords), nor
the Hamiltons and others suspected of the regent's murder,
nor yet permit any proclamations to be made derogatory to
the king's authority.

These conditions seemed to them hard, yet, hoping by
conversation to win the people to their side, they came for-
ward. The next day after their coming to the town, they
gave out a proclamation, " Declaring their good affection to-
wards the maintenance of true rehgion, their sovereign, the
liberty of the country, and the setthng of the present divi-
sions, which must, as they said, unless timeous remedy were
provided, bring the realm to utter destruction. They desir-
ed therefore all men to know, that they had esteemed the
enterprise taken by some noblemen against the earl of Both-
well, for revenging the murder of the king and setting of the
queen at liberty, both good and honourable, whereunto they
would have given their assistance if the same had been duly
required. And for the things that had intervened, which
they did forbear to mention lest they should irritate the
minds of any, their desire was the same might be in a familiar
and friendly conference calmly debated, and a peaceable
course taken for removing the differences. Meanwhile, be-
cause they understood that some unquiet spirits gave out,
that their present convening was for the subversion of the
rehgion presently professed, — as they could not but give
notice to all the subjects, that they who were now assembled
were for the most part the first and chiefest instruments in
advancing religion, and had still continued in professing the
same, with a resolution to spend their lands and lives in
maintenance thereof, — so they desired to have it known,
that their meeting at that time did only proceed from a de-
sire they had to see a perfect union and agreement estabhshed

A. D. 1570.] CHURCH OF SCOTLAND. 127

in the realm, for which they were ready to meet with those
of the nobiUty that differed from them in judgment, and con-
descend (after the ground of the differences was ript up)
upon such overtures as should be found agreeable to the
setting forth of God his honour, the strengthening of the
royal succession, the preservation of the young prince, the
entertaining of peace with foreign nations, and the settling of
concord, amongst the noblemen and other subjects. Tliis they
declared to be their sole intention ; and rather than the same
should not take the wished effect, they were content to yield
unto any conditions that should bo thought reasonable ; under
protestation, that if this their godly and honest purpose for
the re-union of the state was neglected and despised, the in-
convenients that ensued might be imputed to the refusers,
and the noblemen presently convened be discharged thereof
before God and man." This was the substance of the pro-
clamation, in the end whereof the lieges were charged to
concur with them in forthsetting that godly purpose, and a
proliibition made, under great pains, to join with any others
that should attempt, under the cloak of whatsoever authority,
to hinder the same.

But neither did this declaration, nor the great travail taken
by the earl of Athole at the same time, prevail with the
other noblemen to bring them to this meeting, for still thev
excused themselves by the Convention appointed in May,
" wliich," they said, " there was no necessity to prevent ; or
if any extraordinary occasion did require it, the same being
signified to the earl of Morton, who lay at Dalkeith, upon
his advertisement they should be ready to meet." So finding
their hopes this Avay disappointed, by advice of the secretary
(whose directions only they followed) they took purpose to
deal with the earl of Morton apart. To this effect the earl
of Athole, the prior of Coldingham, brother to the secretary,
and the Lord Boyd, were selected to confer with the earl of
Morton and abbot of Dunfermline ; but they could come to
no agreement. For the earl of Morton (of whom they had
conceived some hope) would not hearken to any conditions,
except they did acknowledge the king for their sovereign.
Hereupon they fell to other counsels : and first, seeking to
have the town of Edinburgh at their direction, they craved
the keys of the gates to be dehvered ; which being refused,

128 THE HISTORY OF THE [a. D. 1570.

they resolved to contribute moneys for hiring of soldiers, and
to draw so many of their friends and followers thither as,
with help of the castle, might command the town. But as
they were about these devices, advertisement was brought of
an army come to Berwick under the command of the earl of
Sussex, Avhich troubled all these projects. To remain in
Edinburgh they held it not safe ; yet lest it should be thought
that they left the town upon fear, the magistrates were
privately desired to entreat them to depart, lest the English
should fall upon the town and make a spoil of it. So making
a show to please the town, by whom they had been very
courteously used, they went to Linlithgow, and abode there
the rest of that month. Before their parting, they gave a
warrant to the laird of Grange for fortifying the castle, and
dimitting the Lords Home and Herries, who had been com-
mitted by the late regent. The duke of Chatelherault was
some days before put to liberty. The Lord Home had a
part of the moneys which were contributed for levying of
soldiers given him to defend his bounds against the English;
but when the lairds of Buccleuch and Farniherst desired the
like, they were refused, and went away in great discontent.
About the end of April, the army of England entering into
Teviotdale, burnt the towns of Hawick and Crawling, with
the castles of Farniherst and Branxholm, and divers other
houses belonging to the Kers and Scots ; and in their return
to Berwick, besieged the castle of Home, which was render-
ed by the keepers to Sir William Drury, at the Lord Home
his direction, for he reposed much in his friendship. The
Lord Scroopo, at the same time invading the west borders,
made a great spoil upon the Johnstons and others who had
accompanied Buccleuch in his incursion. The lords that kept
together at Linlithgow having advertisement of these pro-
ceedings of the Enghsh, and suspecting they had some other
intentions than the spoiHng of the borders, sent a gentleman
to the earl of Sussex to request a truce, till they might in-
form the queen of England of the estate of things, and re-
ceive her majesty's answer. The earl opening the letters
that were directed to the queen (for he had warrant so to do),
and seeing them to be full of vain and idle brags (for, to show
the strength of the faction, they had set down a roll of all
the noblemen of their party, inserting therein both some of

A. D. 1570.] CHURCH OF SCOTLAND. 129

their opposites, and some that had carried themselves neuters
in all these broils), returned answer by the messenger, that
he would do as he was directed, and not grant any truce nor
keep the army at their pleasure without employment.

The time of the Convention approaching, they who favoured
the king his authority came in great numbers to Edinburgh.
At their first meeting it was thought convenient, seeing the
adverse party professed a desire of peace, to make trial of
their disposition ; and thereupon a gentleman was sent with
this message, " That if they would join for revenge of the
murder of the king's father, and regent, and would acknow-
ledge the king for their sovereign, whatsoever else in reason
they could crave should be granted unto them." The answer
was short and peremptory on their part ; " That they would
acknowledge none for their sovereign but the queen, and
that she having committed the government of affairs to the
earls of Arran, Argyle, and Huntly, they would follow and
obey them in her service." Then they caused proclaim the
queen's authority, with the several commissions of their
heutenandries, and in the queen's name indicted a parlia-
ment to be kept at Linlithgow in August ensuing.

The Estates, perceiving there would be no agreement,
gave forth a proclamation to this effect ; First, they said,
that it was not unknown to all the subjects in what a happy
case the realm stood under the government of the late regent,
and what calamities it was fallen into by his death, divers
lords, and other subjects conspiring with them, having pre-
sumed to erect another authority, under the name of the
queen his majesty's mother. But as such treasonable at-
tempts had been often taken in hand, and as often through
God's favour disappointed, to the shame and ignominy of the
enterprisers, so they wished all men should understand
what sort of people they were that had massed themselves
together in the present conspiracy.

The conspirators they ranked in three orders. The
principals, they said, were the authors of the cruel murders
of the king his father and regent ; others were manifestly
perjured, as having bound themselves by their oaths and
subscriptions to defend the king his authority, which now
they impugned ; a third sort were such as had servile minds,
and without regard to conscience or honour did follow those

VOL. II. 9

130 THE HISTORY OF THE [a. D. 1570.

to whom they had addicted themselves : all which did
pretend the maintenance of true rehgion, the liberty of the
country, and the preservation of peace both abroad and at
home : but with what probability, any man of judgment
might consider ; for neither could he who was known to have
been a persecutor of the truth, and now carried the chief
sway amongst them, (meaning the archbishop of St Andrews,)
be thought a maintainor of religion ; nor could they be
esteemed favourers of their country and the quietness thereof,
who without any just provocation had invaded the neighbour
realm of England, and publicly entertained the queen's
rebels, professed enemies to God and religion. As to the
care they professed of the king's preservation, any man
might conjecture how he should be preserved by them who
exiled his grandfather, murdered his father, did wickedly
counsel his mother, led her on courses that had brought her
to shame and dishonour, and now at last had unworthily
cut off his uncle and regent, by suborning a meschant to kill
him treacherously. Is it like, said they, that they will be
content to live subjects to a king descended of that house
which they have so long a time persecuted ; and will they not
fear, if God shall bring him to perfection of years, that he
will be avenged of his father's and imcle's murder ? Neither
can any be ignorant what the hope of a kingdom will work
in ambitious spirits, especially when they find themselves in
a possibihty to succeed unto the present possession. And
these are the men, said they, who seek to rule and command
under the name of her whom they have undone by their
wicked practices. Of this they thought fit to advertise the
subjects, and to inhibit them from giving any assistance to
the said conspirators under pain of death. Such as of sim-
plicity or ignorance had joined with them they commanded
to separate and return to their houses within the space of
twenty-four hours, promising in that case impunity and
pardon for their by -past defection ; those only excepted
who were suspect of the foresaid murders, and had reset
the queen of England's rebels, and violated the public peace
betwixt the two realms.

This proclamation was indited with much passion, and
matters now reduced to these terms, that each side prepared
to maintain their quarrel with the destruction of their adver-

A. D. 1570.] CHURCH OF SCOTLAND. 131

saries. The queen's faction despatched Verac to France,
to inform how matters went, and to farther the supply
promised.

The Lord Seaton was sent to Flanders, to entreat the
duke of Alva (at that time governor of the Netherlands for
the king of Spain) for some aid of moneys and men, and to
impede the traffic of the Scottish rebels (so they termed them
that acknowledged the king's authority) in those parts. For
the point of traffic the duke excused himself, saying, " That
he could not inhibit the same, it being against the liberty
of the Low Countries ; but in other things he would do his
best to farther the queen of Scots' cause."

Like as shortly after he sent Mr John Hamilton, parson
of Dunbar, (who lay agent with him for the Scottish queen,)
to the earl of Huntly with great store of armour and gun-
powder, and the sum of ten thousand crowns to levy
soldiers. The Lord Seaton in the mean while, who could
not be idle wheresoever he was, and had a great desire to
approve himself by some service to the king of Spain, dis-
sembling his habit, went into the United Provinces, and dealt
with Scottish captains and under-officers to make them leave
the service of the Estates, and follow the king of Spain ;
which being detected, he was apprehended, and by sentence
of the council of war condemned to ride the cannon ; yet by
some help he escaped, and fled to the duke of Alva, who sent
him home loaden with promises, and rewarded with some
httle present for himself, because of his good affection.

The lords on the other side who stood for the king's
authority sent to the earl of Sussex, entreating the assistance
of his forces, or some part thereof, because of the common
danger : and to move him the more, they advertised that
the earl of Westmoreland and other English rebels were with
the lords convened at Linlithgow in arms, of intention, as it
seemed, to work some mischief, which had need for the good of
both realms to be quickly prevented, which they doubted not
(so the letters bear) having his assistance to do, and to put
them off the fields ; whereas if supply were not sent in time,
and that matters should happen to be put to a day amongst
themselves, the issue might prove dangerous. Answer was
made, " That the forces should be sent upon sufficient
hostages for their surety during their remaining in Scotland."

132 THE HISTORY OF THE [a. D. 1570.

Withal he craved. " That the EngUsh rebels whom the lords
had in their hands, and such others as should happen to be
apprehended, might be delivered to him, as the queen's lieu-
tenant, and left to her majesty's disposition." For the
hostages, it was condescended that the chief noblemen should
deliver some of their friends to remain in England during
the abode of the English forces, and their safe return assured,
the chance and fortune of war only excepted, which should
be common and alike both to the Scots and them. But
touching the delivery of the English rebels, the lords en-
treated that the same might be continued unto the return of
her majesty's answer to the instructions sent by the abbot
of Dunfermline, who was upon his journey, and had warrant
from them to satisfy her majesty in that point. To this the
earl consented, providing the noblemen would give their
bonds for the safe custody of the rebels, and the performance
of that which her majesty and the ambassador should agree
unto.

The laird of Grange and Secretary Lethington, who as
yet made a show to desire peace, laboured by their letters
to keep back the English forces, offering what satisfaction
the earl of Sussex, in name of her majesty, would require.
The earl answered, " That if the lords at Linlithgow would
disannul the proclamation of the queen of Scots' authority,
and discharge all capitulations for aid out of France and
all other parts beyond the sea, remitting the present dis-
sension to the hearing and ordering of the queen his mistress,
and obliging themselves by their subscriptions to stand at her
majesty's determination, he should stay his forces and detain
them with himself, till he received new direction from her
majesty."

Though these answers did in no sort please them, yet to
gain some time they gave hopes that, after conference with
the lords at Linlithgow, he should receive all satisfaction.
But he smeUing their intentions, after he had received the
bonds and pledges from the noblemen of the king's party,
sent Sir Wilham Drury, governor of Berwick, with a
thousand foot and three hundred horsemen into Scotland.
How soon the lords that were convened at Linhthgow heard
of their coming, and that the earl of Lennox was in their com-
pany, they departed towards Glasgow, and besieged the

A. D. 1570.] CHURCH OF SCOTLAND. 133

castle, purposing to raze it, lest it should be useful to the
earl of Lennox, who was now returned from England. But
the house was so well defended by a few young men (they
passed not twenty-four in all), that the siege, after it had
continued the space of five or six days, broke up upon the
rumour of the noblemen and the English forces their ap-
proaching. The duke of Chatelherault went with the earl of
Argyle into his country, the earl of Huntly and the rest into
the north.

The noblemen assisted with the English forces coming to
Glasgow, after a short stay marched to Hamilton, and laid
siege to the castle, which, at the sight of the ordnance that
was brought thither for the battery, was yielded to the Eng-
lish by Andrew Hamilton of Meryton, captain, upon promise
to have their lives spared. The castle was set on fire and
pitifully defaced, as also the duke's palace within the town of
Hamilton, and divers other houses in Clydesdale. In their
return to Edinburgh they destroyed the houses and lands
pertaining to the Lords Fleming and Livingstone, with the
duke's lodging in the town of LinUthgow, the houses of Kin-
neill, Pardovy, Peiil of Livingstone, and others that apper-
tained to the Hamiltons in that shire. This done, the Eng-
lish forces returned to Berwick, and were accompanied thither
by the earl of Morton, who received again the hostages that
were delivered in England.

Whilst these things were a-doing at home, the abbot of
Dunfermline was following his legation in England. His in-
structions from the noblemen of the king's party were, " First,
To show the queen, that by the delay of her majesty's
declaration in the cause of the king's mother all these com-
motions had been raised, and therefore to entreat her majesty
plainly to declare herself, and take upon her the protection of
the young king. Secondly, To inform her of the difliculties
they had in electing of a regent, and crave her opinion there-
in. Thirdly, To show what a necessity there was of enter-
taining some forces of foot and horse, till the present troubles
were pacified ; and in regard of the public burdens, to re-
quest her for moneys to maintain 300 horse, and seven
hundred foot, which was esteemed sufficient for repressing
the adversary's power. Lastly, Concerning the rebels of
England who were in hands, to give her majesty assurance

134 THE HISTORY OF THE [a. D. 1570.

that they should be safely kept, and to beseech her highness,
if she would have them dehvered, that some respect might be
had to their credit, and mercy showed so far as could stand
with her majesty's safety and the quiet of the realm. For
the other rebels that were as yet in the country, he was de-
sired to promise in their name all diligence for their appre-
hension ; and if it should happen them to be taken, that they
should be committed in sure custody till her majesty's pleasure
was known."

These things proponed to the queen, she answered ; " That
having heard nothing from the lords since the late regent's
death, and being daily importuned by foreign ambassadors,
she had yielded to a new hearing of the controversies betwixt
them and their queen, and that she intended to have a meet-
ing of the commissioners of both parties ere it was long ;
therefore desired them to cease from using farther hostihty,
and not to precipitate the election of a regent, the delay
whereof would work them no prejudice."

This answer reported to the lords did trouble them ex
ceedingly : for on the one part, they saw a necessity of accom-^
modating themselves and their proceedings to the queen oj
England's pleasure ; and, on the other, they did find a greal
hurt by the want of a regent, the adverse faction havinj
thereby taken occasion to erect another authority, and divers
of their own partakers falling back from their wonted for-
wardness, as not knowing on whom they should depend.
After long consultation this expedient was taken ; that a
lieutenant should be appointed, for a certain time, with full
authority to administrate all affairs, and notice sent to the
queen of England of the necessity they stood in of a regent,
and that there was no other way to keep the subjects in
obedience. Choice accordingly was made of the earl of
Lennox, grandfather to the king, and a commission of lieu-
tenandry given him to endure to the eleventh of July next ;
at which time the Estates were warned to meet for the
election of a regent. Letters were also directed to the
queen of England, requesting her advice in the choice,
and an answer to the other petitions moved by the abbot of
Dunfermline.

The queen, who was put in hope that Westmoreland and
the other rebels of England, entertained by the queen of

J '

A. D. 1570.] CHURCH OF SCOTLAND. 135

Scots' faction, should be delivered unto her, had showed her-
self very favourable unto them, but hearing that they were
escaped, she made answer as follows : " That she did kindly
accept the good will of the noblemen, testified by their seek-
ing her advice in the choice of a regent, being a matter of
such importance, and so nearly touching the estate of their
king and realm. That her mind once was, they should do
best to continue the election for a time ; but now considering
the disordei's that were raised, and possibly thereafter might
arise, if some person was not placed in that charge, she did
allow their resolution. And seeing the abilities of men for
that place were best known to themselves, she should be
satisfied with their choice whatsoever it was. Howbeit, out
of the care she had of the young king, she would not dis-
semble her opinion, which was, that the earl of Lennox her
cousin, whom, as she was informed, they had made lieutenant
of the realm, would be more careful of his safety than any
other. But in any case desired them, not to think that in so
doing she did prescribe them any choice, but left it free to
themselves to do what was fittest. Farther, she desired them
to rest assured, notwithstanding of the reports dispersed by
their adversaries, that she had neither yielded nor would
yield to the alteration of the state of their king and govern-
ment, unless she did see a more just and clear reason than
had yet appeared. For howbeit she condescended to hear
what the queen of Scots would say, and ofl'er, as well for her
own assurance as for the good of that realm, (a thing which in
honour she could not refuse,) yet not knowing what the same
would be, she meant not to break the order of law and jus-
tice, either to the advancing or prejudging of her cause.
Therefore finding the realm governed by a king, and him
invested by coronation and other solemnities requisite, as also
generally received by the three Estates, she minded not to
do any act that might breed an alteration in the estate, or
make a confusion of governments ; but as she had found it,
so to sufifer the same to continue, and not permit any change
therein so far as she might impede the same, except by some
evident reason she should be induced to alter her opinion.
In end, she desired them to beware, that neither by miscon-
ceiving her good meaning towards them, nor by the insolent
brags of their adversaries, they should take any course that

136 THE HISTORY OF THE [a. D. 1570.

might hinder or weaken their cause, and make her intentions
for their good ineffectual."

This letter communicated to the Estates convened at Edin-
burgh the twelfth of July, and a long discourse made to the
same effect by Mr Thomas Randolph her ambassador, they
were exceedingly joyed. So following the advice given
them, they made choice of Matthew, earl of Lennox, declar-
ing him regent and governor of the realm unto the king's
majority, or till he were able by himself to administrate the
public affairs. This was done with the great applause of all
that were present, and pubUshed the next day at the Cross of
Edinburgh.

In an Assembly of the Church kept the same month, there
was some business moved by Mr James Carmichael, then
master of the grammar-school of St Andrews, against Mr
Robert Hamilton, minister of the city, for some points of
doctrine delivered by the said Mr Robert in pulpit. The
points are not particularly expressed, but in the sixth session
of that Assembly, Mr James Macgill, clerk of the register.
Sir John Bellenden of Auchnoule, justice-clerk, and Mr
Archibald Douglas, one of the senators of the College of
Justice, were directed from the chancellor and council to re-
quire them " to forbear all decision in that matter, seeing it
concerned the king's authority, and contained some heads
tending to treason (so is it there said) which ought to be tried
by the nobility and council, willing them not the less to pro-
ceed in such things as did appertain to their own jurisdiction ;
which was judged reasonable, and agreed unto by the Church.
So far were they in those times from declining the king and
council in doctrines favouring of treason and sedition, as they
did esteem them competent judges thereof. In the same
Assembly, commission was given to Mr David Lindsay and
Mr Andrew Hay to travail with the duke of Chatelherault,
the earls of Argyle, Eghnton, and Cassils, the Lord Boyd,
and other barons and gentlemen in the west parts, for re-
ducing them to the obedience of the king and his authority.
The like commission was given to the laird of Dun for the
earl of Crawford, the Lord Ogilvy, and their assisters in
Angus ; and certification ordained to be made unto them,
that if they did not return to the king's obedience, the spir-
itual sword of excommunication should be drawn against

A. D. 1570.] CHURCH OF SCOTLAND. 137

them ; which I cannot think was really intended, considering
the quality and number of the persons.

The regent immediately upon his creation, and oath taken
according to the custom, for maintaining true religion, and
observing the laws and liberties of the realm, prepared to
keep the diet appointed at Linlithgow by the lords of the
queen's party, who were said to be gathering forces for
holding the parliament they had indicted. And because
much depended upon the success of that business, he sent to
the earl of Sussex for assistance of his forces, and to the
laird of Grange (with whom he kept some correspondence)
for some field-pieces, and other things belonging to their fur-
niture. Grange at first made fair promises, but shifting
those who were sent to receive the munition, said, " That his
service should not be wanting to the making of concord, but
he would not be accessory to the shedding of the blood of
Scottish men." The earl of Sussex deferred his answer like-
wise, till the queen should be advertised. Not the less the
regent observed the diet, accompanied with five thousand
gentlemen, none of the adverse party appearing.

Thereafter a parliament was indicted to hold at Edinburgh
the 10th of October ; and the regent understanding that the
earl of Huntly had sent a hundred and sixty soldiers to
Brechin, and given orders for providing victuals to the com-
panies who were there to meet him, made a hasty expedi-
tion thither, and having sent the Lords Lindsay and
Ruthven, with Sir James Haliburton, provost of Dundee, a
little before himself, went nigh to have intercepted the earl
of Crawford, the Lord Ogilvy, and Sir James Balfour, who
were there attending Huntly. But they escaping, the sol-
diers fled to the steeple of the church and castle, which they
had fortified. The steeple, at the regent's first coming, did
yield, and so many as were therein had their lives saved ;
the castle held out some days, till they heard the cannon was
at hand, and then rendered at discretion. Captain Cowts with
thirty of his soldiers were executed, because they had once
served the king and made defection. The rest were par-
doned, upon surety not to carry arms against the present
authority. This expedition ended, the regent returned to
Edinburgh.

In the month of August, by letters from Denmark it was

138 THE HISTORY OF THE [a. D. 1570.

advertised, that Colonel John Clerk, who had served the
king there in his wars with Sweden, was imprisoned by the
suggestion of some of his countrymen that laboured for Both-
well's liberty. Whereupon Mr Thomas Buchanan, brother
to Mr George Buchanan the king's tutor, was sent in am-
bassage to Denmark, to require that Bothwell might be
delivered and sent into Scotland, to the effect justice might
be done upon him, or then that he might be judged there,
for the detestable murder committed upon the person of the
king's father, and receive his due punishment. This had
before that time been often desired, but was delayed by
divers occasions ; and now the report of Bothwell's greater
liberty, and that he had been permitted to accuse Colonel
Clerk, a gentleman well esteemed, and of good reputation
for his service done both at home and in parts abroad, the
regent and council took occasion to put that king in remem-
brance of their former requests ; and if any doubt was made
in those parts of Bothwell's guiltiness, they offered to clear
the same by evident probation, and thereupon entreated
him, by the communion of blood and nigh kindred betwixt
him and the king of Scotland, that he would not suffer such
a nefarious person to escape. In the same letters they re-
quested that the colonel might be set at liberty, and restored
to the king's wonted favour, or then be licensed to return
into Scotland, where there was present use of his service.
This ambassage was not without fruit, and put Bothwell out
of all credit ; so as, desperate of liberty, he turned mad, and
ended his wicked life some years after (as before was touched)
most miserably.

All things now went ill with the queen's faction, neither
saw they a way to subsist but by labouring an abstinence,
which the secretary earnestly went about, and prevailed so
far with the two liegers of France and Spain, as they brought
the queen of England to a new treaty with the Scots queen,
and to hearken unto some overtures which she did make
both for the queen's assurance, and for the settling of a per-
fect peace betwixt her and her son, and those that stood in
his obedience. This moved to the regent, he did greatly
oppose it ; yet the queen of England would needs have him
agree to the abstinence for the space of two months, in which
it was thought the treaty should take an end. Great dispute

A. D. 1570.] CHURCH OF SCOTLAND. 139

there was about the tenor and form of the abstinence, which
at last was accorded in these terms. " That the regent
should obhge himself and his partakers to cease from arms,
and not to molest any that pretended obedience to the king's
mother, during the space of two months, which should be
understood to begin the third day of September ; providing
that no innovation should be made in the government, and
all things continue in the same estate wherein they were at
the death of the late regent : as also that the ordinary ad-
ministration of the law and justice in parhament, session and
other courts, with the punishment of tliieves and trespassers,
might proceed in the mean time by law or force in the king's
name and under his authority, without any opposition." This
granted, by a second letter the queen of England signified,
" That she had appointed Sir William Cecil her principal
secretary, and Sir Walter Mildmay chancellor of the ex-
chequer, to repair to the queen of Scots, who then lay at
Chattesworth in Derbyshire, and learn what offers she would
make for her majesty's surety, and the not disturbing the
realms, if she should be put to liberty. In which treaty she
minded not to neglect the surety of the young king, and the
estate of the nobility adhering to him, whereof she would be
no less careful than of what concerned herself most. But in
regard that treaty could take no good effect, if the regent
and the nobility on his side should do anything to the preju-
dice of the queen of Scots and her party, she desired that no
parliament should be kept during the time of the treaty ; or
if it had taken beginning before the receipt of the letter,
that nothing should pass therein which might give her cause
to complain. And for the abstinence taken unto the third of
November, seeing there was no likehhood the treaty should
take an end in so short a time, he was farther desired to
prorogue the same for other two months." The letter,
dated at Windsor the seventh of October, was brought to
the regent the thirteenth, some two days after the parlia-
ment was begun.

This treaty did much perplex the regent ; for albeit he
was advertised before of the queen of England's condescend-
ing to hear what the Scottish queen would say in her own
cause, yet he did not expect any such sudden dealmg, or that
it should have begun without his knowledge. But making

140 THE HISTORY OF THE [a. D. 1570.

the best construction of all things, he answered, " That the
parliament had taken a beginning before her majesty's letters
came to his hand, and for the reverence he did carry to her,
he had abstained from all proceeding in any matters, only his
office of regiment was confirmed, and the parhament ad-
journed unto the month of January, before which time he
hoped the fruit of that treaty would appear." For the pro-
rogation of the abstinence, " he had declared at the first how
hurtful the same was to the king his affairs, and that there
was no true meaning in the adverse party, as did manifestly
appear by the arresting of the ships and goods of the Scot-
tish merchants professing the king his obedience, in the
kingdom of France, and other divers insolencies practised at
home, since the granting thereof. That howsoever he was
persuaded her majesty had not a mind, under colour of the
abstinence, to ruin the young king and those that stood in
defence of his authority ; yet they had received more hurt
thereby than they could have done if open hostility had
been professed. Therefore he desired that before he was
urged with a farther cessation, the ships and goods stayed
in France might be set free, the injuries committed at home
repaired, and all things innovated in the government since
the late regent's death disannulled by proclamation ; which
things performed, he should willingly obey her majesty's
desire." Upon this last part of the letter many debates
arose amongst the parties, and divers particulars on either
side were exhibited in writing to the earl of Sussex, for
verifying a breach of the abstinence against others. That
which I find most insisted upon was the denouncing of
Secretary Lethington rebel, who, being cited to appear
at a certain day before the regent and council, was for
his contumacy sentenced to lose his office, and have his
goods confiscated. The regent challenged of this point made
answer, " That the secretary could claim no benefit by the
abstinence, seeing he was the king's subject, and stood to
the defence of the king's cause both in England and Scotland,
professing himself as much displeased with the proclamation
of the queen's authority as any man else. And howbeit of
late he had accompanied the contrary faction, yet he never
decHned his subjection to the king. That being required to
attend his office he had refused, whereupon the same was

A. D. 1570.] CHURCH OF SCOTLAND. 141

justly taken from him ; and for the confiscation complained,
if he would yet declare on what side he was, he should be
reasonably used."

The secretary, who had often changed his party, finding
that he must declare himself on the one side or the other,
sent to the earl of Sussex this answer, " That he did think
it strange the regent should inquire on which side he
was, seeing his speeches, writings, and actions, had declared
the same. Always now he would plainly profess, that he
was not of the lord regent's side, nor would he acknowledge
him for regent. That he was of that side which would per-
form their duties to the queen of Scotland and to her son, so
as neither of them should have cause to find fault with him
that he was of that side which wished to either of them the
place which in reason and justice they ought to possess ; and
that he was of that side which requested the queen of Eng-
land to enter into good conditions with the queen, whereby
Scotland might be brought in a union, and she restored to
her Uberty and realm. He confessed that he did not allow
of the proclaiming of the queen's authority, nor of the parlia-
ment indicted by those of her part, because he foresaw the
same would impede the treaty betwixt the two queens, and
might do hurt many ways, and hinder the good he was about
to do. But that would not infer an allowance of their doings.
And this (he said) might give the regent to understand on
what side he was."

This answer, neither expressing a reason of his falling
away from the king's obedience, nor discovering plainly, as
was desired, of what side he should be esteemed, being de-
livered to the regent, received this reply. " That it was no
marvel he should refuse to acknowledge him for regent, hav-
ing deserved so ill at his hands, and being attainted of the
foul and cruel murder of his son, the king's father. That his
declaration did not satisfy that which was demanded ; for
where he made a show to observe a duty both to the queen
and to her son, and would have it appear that he was about
the effecting of great matters, the duties he had done to
either of them were well enough known, neither could any
man look for any good to proceed from him. Therefore,
howsoever he had against his promise and subscription de-
clined from the king's party, he must still be subject to an-

142 THE HISTORY OF THE [a. D. 1570.

swer such particulars as should be laid against him in the
king's name. And seeing it was neither her majesty's mean-
ing, that any person guilty of the king's murder should en-
joy benefit by the abstinence, he that was challenged thereof
in the late regent's time, and had in council offered himself to
the severest trial that might be taken, could not complain of
the breach of abstinence for any thing done or intended
against him. But that neither this particular nor any other
should be an occasion to dissolve that treaty begun, he said,
that he was content the notes of all injuries, alleged on either
side, should be dehvered in writing to the earl of Sussex, and
the trial or redress thereof continued, till it should appear
what effect the treaty brought forth." The prorogation of
the abstinence in the mean time, as was desired by the queen
of England, was yielded unto, and subscribed the fourth of
November, with this provision, that the ships and goods of
the Scottish merchants arrested at that time in France should
be released, and no stay made of such as should happen to
repair thither during the time of the abstinence.

Whilst these things were debating, the copy of the articles
proponed by the commissioners of England to the queen of
Scots for the surety of their queen were sent to the lords of ^
her faction to be considered, which were as foUoweth.

1. That the treaty of Leith should be confirmed ; and th£
she should not claim any right nor pretend title to the*
crown of England during the life of Queen Ehzabeth.

2. That she should not renew nor keep any league with any,
prince against England, nor yet receive foreign forces int
Scotland.

3. That she should neither practise nor keep intelligen(
with Irish or EngHsh without the queen's knowledge, and,'^
in the meantime, cause the English fugitives and rebels
to be rendered.

4. That she should redress the harms done by her faction
in the borders of England.

5. That she should not join in marriage with any Enghsh-
man without the consent of the queen of England, nor with
any other against the hking of the Estates of Scotland.

6. That she should not permit the Scots to pass into Ireland
without hcense obtained from the queen of England.

A. D. 1570.] CHURCH OF SCOTLAND. 143

7. That for the performance of these articles, her son should
be delivered to be brought up in England, and six other
hostages, such as the queen of England should name,
should be sent thither ; the castles of Home and Fast-
castle, kept by the EngUsh for the space of three years,
and some fort in Galloway or Cantire be put in the
Englishmen's hands, for restraining the Irish Scots from
going into Ireland.

8. That she should do justice according to the law upon the
murderers of her husband and the late earl of Murray.

9. That she should set her hand, and cause the commission-
ers to be appointed by her party set their hands and seals,
to these articles.

10. And, lastly, that all these particulars should be confirmed
by the Estates of Scotland in parliament.

Now albeit divers of these articles were misliked by the
lords of her faction, yet conceiving thereby some hope of her
restitution, they dispersed certain copies in the country, to
encourage those that professed her obedience, holding back
such of the articles as seemed most hard, trusting to obtain a
mitigation thereof in the conference. And she indeed, I
mean the Scottish queen, showed herself pleased withal ; only
she remitted the full answer to her commissioners that should
come from Scotland. The rumour of the accord held good
a few days, and amused the regent and other noblemen not
a little, till a letter directed by Sir William Cecil from
Chattesworth in Derbyshire, where the queen of Scots then
lay, did otherwise inform, which was to this effect : " That
he was put upon that employment much against his heart,
and yet had not dealt therein but with a great regard of the
safety of the young king and whole estate, and that all he
had done touching Scottish affairs was under protestation,
that it should be in the power of those whom the queen and
regent should send in commission to change, diminish, or
augment the articles at their pleasures. Therefore did he
advise the regent to send a nobleman with some other well
learned and practised in the affairs of the country, to deal in
these matters ; taking care that the persons he choosed were
constant and firm, and such as would not be won from him,
nor jfrom the cause." This letter of the date the thirteenth

144 THE HISTORY OF THE [a. D. 1570. j

of October 1570, written in so friendly and familiar a manner
(for therein he named some whom the regent had lately em-
ployed, of whom he willed him to beware), gave him to un-
derstand that matters were not so far gone as his adversaries
did brag.

After a few days the earl of Sussex advertised the regent,
" That the lords of the other faction had made choice of cer-
tain commissioners to attend the treaty begun betwixt their
queen and the queen of England, desiring that no trouble nor
molestation should be made to them and their train in that
journey ; as also to send some special persons instructed
with commission from the king and the nobility of his side,
to give their best advice for the surety of the king and
his dependants, if matters should happen to be accorded.
And if it fell out otherwise, to consider what should be
the most sure course for continuance of amity betwixt
the two realms, the preservation of the young king, the re-
ducing of the subjects to his obedience, and the defence of the
isle against foreign invasions. These commissioners he de-
sired to be sent with expedition, for that her majesty longed
to have an end of the business, and could not grow to any
resolution till she had conferred with them, and understood
their minds."

This he did by direction from the queen his mistress, as
he wrote, howbeit he himself had thought of some particulars
that he held convenient to be thought upon, both for the
king's security and theirs, if his mother should be set at
liberty, wherein he prayed him familiarly to show what was
his opinion. As first, " If she should happen to be restored
to her crown, and the king be made to dimit the authority,
it might be upon condition that in case of her death, or the
breach of the present agreement, he might re-enter to the
kingdom without any solemnities to be used. Next, That a
council of both parties might be provided to her by the queen
of England, for avoiding all sorts of practices. Thirdly,
That the young king should be educated in the realm of Eng-
land, under the custody of such persons as the nobility of his
party should appoint ; which would be the greatest surety
for those that depended on him, and tie his mother to the
performance of the articles. Fourthly, That a new act of
parliament should be made for the estabhshing of true reli-

A. D. 1570.] CHURCH OF SCOTLAND. 145

gion, and oblivion of all injuries committed on either side.
Fifthly, That the queen should give some principal men of
her side hostages to remain in England for fulfilling the
heads of the agreement. Lastly, He advised the regent to
send with the commissioners that should be employed in that
errand, a writing signed and sealed by all the noblemen of
the king's party, to show who they were that stood on that
side ; because, besides the credit it would bring to the cause,
the same would be to good purpose howsoever matters went.
For if the treaty should break off, it would be seen who would
maintain and defend the king ; or if otherwise an accord were
made, it would be known for what persons the queen of Eng-
land was to provide a surety."

Whether these propositions were made (as he gave out) of
his own head, or, which would rather appear, that he was
set on by the queen of England to try the regent and no-
biUty's mind, he answered very advisedly, and beginning at
the last, he said, " That he held his opinion good touching
the sealing of a writing by the nobility of the king's party,
whose number would not be found so great as he wished,
because there were divers neuters that adhered to no side,
and many that desired to keep things loose, some for impunity
of crimes whereof they were suspected, and others hoping to
better their condition in an unquiet time ; yet he trusted to
obtain the subscriptions of a sufficient number who had sincerely
continued in the profession of true rehgiou and his majesty's
obedience, and from their hearts abhorred the murderers of
the king his son and the late regent. For the other points,
he said that he could not give his private opinion in matters
so important, by reason of his oath made at the acceptation
of the government to have no dealing in matters of that kind
without the knowledge of the nobility and council. And
touching the commissioners which the queen required to be
sent, there should be diligence used therein, how soon they
understood of what quality the others were that the lords of
the queen's party did choose. Neither should any molestation
be made to them in their journey, so as their names, the num-
ber of their train, and the way they minded to take were
notified : for otherwise, as he said, the king and estate might
receive hurt, and some that were culpable of those odious
murders steal away privately in their company. Meanwhile,

VOL. II. 10

146 THE HISTORY OF THE [a. D. 1570.

he showed, that till commissioners might be chosen by the
advice of the noblemen then absent, the council had appointed
the abbot of Dunfermline ambassador to the queen of Eng-
land, and given him such instructions as they held need-
ful for the time, by whom she should be more fully advertised
of their minds in all matters."

About the midst of November, the abbot of Dunfermline
(then made secretary) went into England. He was desired
to show the queen, " How it was the expectation of all the
good subjects in Scotland, that she would never forget the
motherly care she had professed to have of the innocent per-
son of their young king ; nor yet be unmindful of the noble-
men and others professing his obedience, who had studied to
maintain peace betwixt the two realms ever since her majes-
ty's entry to the crown : and that they being required, as
well by letters from her lieutenant in the north, as by her
ambassador resident amongst them, to direct some special
persons towards her for communicating such things as they
thought requisite for the surety of their king and themselves,
although they had resolved upon a number sufficient for
that legation, yet they deferred to send any till they should
understand who were nominated for the lords of the other
party, to the end they might equal them in birth and quality.
That in the mean time, lest they should be thought more
negligent than became them in a matter of such importance,
they had laid upon him the charge to come and signify to
her majesty the opinion that was held in Scotland of the
articles framed at Chattesworth, which the adversaries gave
out to have been craved by her majesty, and esteemed a suf-
ficient surety for the queen of Scots. And if he did find her
majesty inchning thereto, then to remember her with what a
person she had to do ; a princess by birth, in religion popish,
one that professed herself a captive, and as joined with a
husband (suppose in a most unlawful conjunction), and that
any one of these would serve for a colour to undo whatsoever
thing she agreed unto at the present : for her majesty could
not be ignorant, how after her escape out of Lochleven, she
revoked the dimission of the crown, made in favours of her
son (though the same was done for good respects), upon a
pretext of fear, and that she did the same being a captive.
As likewise, she knew the papists' maxim of not keeping faith

A. D. 1570.] CHURCH OF SCOTLAND. 147

to heretics, which would serve her for a subterfuge to break
all covenants when she saw her time ; and that to dimit her
upon any surety, would prove no less dangerous to her ma-
jesty's own estate than to Scotland, considering the claim she
had made in former times to the crown of England, and the
attempts of her rebels at home, not yet well extinct, upon
the same gromids. In regard whereof, there was nothing
could assure the quiet of both realms, in their opinions, but
her detention under safe custody, which could not be esteemed
dishonourable, the just causes and occasions being pubUshed
and made manifest to the world. As to the power of foreign
princes whereof they boasted, the same was not much to be
feared, so long as her person was kept sure ; and if war for
that cause should be denounced, the peril should be less than
if she were set at liberty and restored to the crown ; for so
she should have her forces and friendship ready to join with
other princes in all their quarrels, against which no hostages
could serve for assurance."

This was the sum of his instructions. He had presence of
the queen the penult of November, and perceiving that none
of these articles were concluded, he did communicate all his
instructions unto her, as he was desired. She having perused
them, and reasoned thereupon with her council, returned this
answer : " That she found in his instructions divers things
worthy of consideration, which behoved to be farther debated
and gravely weighed, because of their importance ; therefore
desired some men of credit to be directed unto England, that
an end might be put to that business. For as to the restitu-
tion of their queen, seeing it appeared they had reason to
oppose it, she would not have the regent or those of his party
to think that she intended to wrong them in any sort ; for if
they should make it appear that nothing was done by them
but according to justice, she would side with them and main-
tain their quarrel. And otherwise, if they were not able to
justify their cause by such evident reasons as might satisfy
her majesty in conscience, and make her answer the world in
honour, she would nevertheless, for that natural love she
bare to the king, her near kinsman, and the good will
she carried to the noblemen that stood for his authority,
leave no means unprovided for their safeties. But in regard
a great part of the time appointed in the last prorogation of

148 THE HISTORY OF THE [a. D. 1570.

the abstinence was already spent, she requbed the same to
be prorogated unto March next ; and would desire them to
agree thereto, in regard they that ^tood for the queen had
condescended to the same, and as much more time as she
should think fitting." This answer, of the date at Hampton
Court the seventh of December, came unto the regent the
fifteenth, who thereupon advertised the noblemen to meet at
Edinburgh with all diligence for taking deliberation of things
desired.

The laird of Grange, whether to impede the meeting, or
to divert the council from trying a conspiracy which was
then discovered, and said to have been devised in the castle
against the regent's life, it is uncertain, raised a great trouble
in the town of Edinburgh about the same time. One of his
servants, called James Fleming, being imprisoned by the
magistrates for a slaughter committed by his direction, he in
the evening, whilst all men were at supper, made the
garrison of the castle to issue forth, and break open the
prison doors, playing all the while upon the town with the
cannon, to terrify the inhabitants from making resistance.
This being complained of to the regent, he was cited to
answer for the riot, but refused to appear, and presently
brake out in open rebellion, fortifying the castle, and con-
ducing a number of soldiers, who did afterwards greatly
annoy the citizens.

The nobility notwithstanding did keep the meeting, and
made choice of the earl of Morton, the abbot of Dunfermline,
and Mr James Macgill, to go unto England ; withal they
agreed to the abstinence required, adjourning the parliament
to May thereafter. How soon these commissioners were
come to London, the earls of Leicester and Sussex, the lord
keeper, the chamberlain. Sir William Cecil, secretary (then
made Lord Burleigh), Sir Walter Mildmay, and Sir Francis
KnoUys, were appointed to confer with them. These meeting
in the secretary's chamber at court, after salutations and
some general speeches, the Lord Burleigh said, " That they
were desired to come into England upon occasion of a treaty
begun betwixt the two queens, and that her majesty did
now expect to receive from them such evident reasons for
their proceedings against their queen, as wherewith she might
both satisfy herself, and with honour answer to the world

A. D. 1570.] CHURCH OF SCOTLAND. 149

for that which she did : Or if they could uot be able so to
do, that matters might be composed in the best sort for their
safeties, which her majesty would by all means procure." The
commissioners answered, " That they had before that time
imparted the truth of all things to her majesty, which they
thought might satisfy to clear them from the crimes objected ;
yet if she stood doubtful in any point, the same should be
cleared, and their doings justified by most evident reasons."
Nothing farther was said at that time, but all continued to
the next day. And then having again met, the earl of
Morton made a long discourse of the reasons and grounds of
their proceedings, answering the objections which he thought
could be made against what he had spoken. His discourse
ended, they were desu^ed to put their reasons in writing;
which was with some difficulty yielded unto, and under con-
dition, " that if the reasons proponed by them did not con-
tent her majesty, the writing should be re-dehvered, and no
copy taken thereof ; otherwise, if her majesty did hke and
allow them, they were content the same should be put in
record, if so it pleased her highness."

The last of February (for albeit the twentieth of that
month they came to London), they presented a number of
reasons for justifying the deposition of their queen, and cited
many laws both civil, canon, and municipal, which they
backed with examples drawn forth of Scottish histories, and
with the opinions of divers famous divines. The queen of
England, having considered their reasons, was not a little
displeased both with the bitter speeches, and with the liberty
they had used in depressing the authority of princes, and
thereupon told them, " That she was in no sort satisfied
with their reasons, willing them to go unto the second head,
and devise what they thought meetest for the safety of their
king and themselves. But they refusing, said. That they
had no commission to speak of any thing that might derogate
from the king's authority ; and if such a commission had been
given them, they would not have accepted it."

In these terms matters continued some days, till the com-
missioners for the king of Scots suiting to be dimitted were
sent for to Greenwich, where the queen had a long speech,
tending all to declare what a good will she had carried to
the young king, and to those that professed his obedience,

150 THE HISTORY OF THE [a. D. 1570.

and wondering they should be so wilful as not to deliberate
of such things as served to their own safety. The commis-
sioners answering, that they believed the reasons produced
would have satisfied her majesty touching their proceedings,
which (as they esteemed) were sufficient to prove that they
had done nothing but according to justice ; " Yet I (saith
the queen) am not satisfied neither with your reasons, nor
laws, nor examples ; nor am I ignorant of the laws myself,
having spent divers years in the study thereof. If ye your-
selves will not propone any thing for your own sureties, yet
I would have you hear what my council is able to say in that
matter, and I hope it shall content you,"

They answered, " That their respect to her majesty was
greater than to refuse any good advice which she and her
council should give them ; but that they had no power to
consent to any thing that might infer an alteration of the
present state, or diminish the king's authority."

The next day the articles following were given them, and
they desired to consider the same, and set down their answer
in writing.

1. That in regard her son had been crowned king by
virtue of her dimission, and his coronation ratified by the
three Estates of parliament, and that since that time a great
number of the subjects had professed obedience to him and
his regents, which was to be interpreted in the best part, as
done out of duty, and not out of any ill mind towards their
queen, the obedience so yielded to the king and his regents
should be allowed from the time of the dimission of the
crown made by her, unto the resumption of the same. And
all manner of acts done since that time in the administration
of justice and for government of the state should be reputed
good and lawful, or at least reviewed, and confirmed in the
next parliament, after consideration taken of the same by
twelve lords, whereof six should be named by the queen and
her commissioners, and the other six by the commissioners for
the king's part.

2. That all statutes and ordinances made concerning
matters of religion and the ministers thereof, since the. said
time, should be observed by all the subjects of Scotland, and no
pardon nor dispensation granted in time coming to any person
not observing the same, without consent of the said twelve lords.

A. D. 1570.] CHURCH OF SCOTLAND. 151

3. That all processes, sentences, and judgments given
either in causes civil or criminal since the said time, wherein
the order of the laws of the realm had been observed, should
remain in force, and only such sentences as had been pro-
nounced either in the name of the king or queen against any
person for not obeying or acknowledging either of their
titles be rescinded ; the sentences always pronounced against
the earl of Bothwell or any others for the murder of the
queen's husband standing good and valid.

4. That all ecclesiastical benefices and temporal offices,
which have usually continued in the person of any during term
of life, should remain with the same persons that held them
at the time of the queen's dimission ; such excepted as may
be proved to have consented to the murder of her husband,
or that have left them upon recompense and with their own
consents, in which cases the present possessors should enjoy
the same, unless they were incapable, and declared by the
twelve lords to be such.

5. That all strengths, castles, and houses appertaining to
the crown should be restored to the possession of those who
held them at the time of the queen's dimission, except they
had parted therewith upon agreement : in which case the
queen, with consent of the said twelve lords or the most part
of the council, should dispose thereof.

6. That the jewels, plate, moveables and implements of
houses belonging to the queen at the time of her dimission
should be restored, provided the moneys which any had laid
out for the same were repaid. And for such as had been put
away by the direction of the regents or council, that recom-
pense should be made by the queen to the party according
to the just value.

7. That a law should be established in parliament for
oblivion and remission of all things done since that time,
after the same manner that was done in the year 1563 :
Providing not the less, that the comptroller, treasurer, and
other receivers of the crown-revenues, should give an account
to the queen of all sums of money or other profits which had
not been expended hona fide for the affairs of the realm, or
by order and warrant from the regent and others trusted
with those affairs ; neither should the remission be extended
to any that had taken by force any houses, castles, lands, or

152 THE HISTORY OF THE [a. D. 1570.

heritages belonging to others, but restitution should be made
thereof to the party dispossessed, or to his heirs, till the same
by order of law were justly recovered. In like manner
concerning goods moveable taken away from the owners
against their wills, and being yet in their own nature extant,
that restitution should be made thereof. And because many
doubts might arise upon this article, the same should be de-
termined by the foresaid twelve lords, or otherwise, as was
devised for the execution of the act made anno 1563.

8. That, for the more quiet government of the realm,
there should be appointed a privy council, which should
consist of twelve lords spiritual and temporal, besides the
other ordinary officers that do usually attend. And that the
said council should be established with the like provisions
that were made at the return of the queen out of France, anno
1561 ; so many as were then councillors, and yet alive,
being counted of that number ; and that the earl of Lennox,
because he was most bound by nature to take care of the
king, should be one of the council, and have place therein
according to his degree.

9. That for the greater safety of the king's person, he
should be brought into the realm of England, and there
governed by such noblemen of Scotland as depend of him ;
so as he may be ever ready to be restored to the crown, if
the queen his mother break the covenants agreed betwixt her
and the queen of England.

10. That for his entertainment he should not only have
the revenues which the princes of Scotland in former times
possessed, but also the rents and offices belonging sometime
to the earl of Bothwell.

11. And last. That a convenient number of hostages, being
all noblemen, and of those who have adhered to the queen,
and solicited her delivery, should enter in England to remain
there for assurance of observing the conditions made both to
the king of Scots and the subjects under his obedience, and
to the queen of England for the peace and quiet of her do-
minions ; and that the said hostages should be entered in
England before the queen of Scots shall be put to liberty.

These Articles delivered to them were answered the next
day as followeth. " We have seen and considered the note
of the heads which we received from your lordships for paci-

A. D, 1570.] CHURCH OF SCOTLAND. 153

fying the controversies between the queen our sovereign's
mother, and the king her son and his subjects, touching the
title of the crown of Scotland, if it be found that her dimis-
sion either was or may be lawfully revoked by her ; and
therewithal having diligentl}^ perused our commission and
instructions, to know how far we might enter in treaty upon
the same heads for satisfaction of the queen's majesty and
your lordships to whom the hearing of the cause is committed,
we find ourselves no way able nor sufficiently authorized to
enter into any treaty or conference touching the king our
sovereign his crown, the abdication or diminution of the
same, or yet the removing of his person from the place where
he abideth. For as we profess ourselves his highness' sub-
jects, and have all our power and commission from him, to
treat in his name, in matters tending to the maintenance of
true religion, his honour and estate, and for the continuance
of amity betwixt the two realms, so we cannot presume to
abuse our commission in any tiling that may prejudge
him, wherein we trust your lordships shall allow and ap-
prove us,"

At the same time, and whilst these tilings were a-doing
with the king's commissioners, some others were appointed
to confer with those of his mother's party : and to them it
was proposed, " That, for the security of the queen of Eng-
land, and the noblemen that followed the king of Scots, the
duke of Chatelherault, with the earls of Huntly, Argyle, the
Lords Home, Herries, and any other nobleman they pleased
to name, should be delivered as pledges, and the castles of
Dumbarton and Home be put in the hands of Enghshmen,
to be kept for three years." The answer they gave was,
" That she, who of her own motive committed herself to the
protection of the queen of England, would most willingly
give her satisfaction in all things which conveniently might
be done ; but to deliver those great men and the fortresses
required, was no other thing but to spoil and deprive the
distressed queen of the succour of her most faithful friends,
and the strength of those places. Yet if in all other points
they did agree, they made offer that two earls (one whereof
should be of the number nominated) and two lords should
enter as hostages, and remain in England for the space of
two years ; but for the holds and castles they could not, be-

154 THE HISTORY OF THE [a. D. 1570.

cause of the league with France, he put in the hands of Enghsh-
men, unless others were put also in the hands of the French."

The queen of England, perceiving that there were on both
sides great impediments, sent for the king's commissioners,
and told them how she had considered that the Articles pro-
poned could not be resolved but in a parliament ; and there-
fore leaving the treaty for a time, seeing she understood
there was a meeting of the Estates appointed in May next,
she held it meetest they should return, and iu that meeting
condescend upon an equal number of both parties that should
have power to compose matters ; the abstinence in the mean
time being renewed, in hope that all differences should be
taken away, and matters peaceably agreed. This she would
cause signify to the agents of their queen, and doubted not
but they would assent thereto. Yet when it was moved
unto them, they refused to agree to any delay, till they
should know what was her own mind. Hereupon the king's
commissioners were commanded to stay till her answer should
be returned.

In this time the bishop of Galloway and the Lord Living-
stone, trusting to speed better by conference with the earl of
Morton and the rest, sent to desire a meeting of them ;
which was yielded unto, provided the bishop of Ross came
not in their company, for him they would not admit, as being
the king's rebel Having met, they talked kindly one to
another. But that the queen should be restored to her
authority, in no condition (though divers were proponed)
could be admitted. Which when she heard, and that the
queen of England had taken a course to delay things, she
grew into a great choler, and inhibited her commissioners to
treat any more. This reported to the queen of England, she
sent for the earl of Morton and his associates, and told them,
that their queen took in evil part the motion she had made :
" and seeing it is so," saith she, " I will not detain you
longer, ye shall go home, and if afterwards she be brought
to agree to this course, as I hope she shall, I have no doubt
but you will, for your parts, do that which is fitting." Thus
were they dimitted.

Whilst these things were doing in England, the factions at
home, notwithstanding of the abstinence, were not idle, but
taking their advantage of others. Lord Claud Hamilton

A. D. 1570.] CHURCH OF SCOTLAND, 155

ejecting the Lord Sempill his servants forth of the house of
Paslay, placed therein a number of soldiers, and by them
kept all those parts in fear. The regent upon this, gathering
some forces, besieged the house, and had it rendered to him
within a few days. The soldiers were conveyed to Edin-
burgh, and hanged on the gallows without the town. Not
long after, upon intelligence that the castle of Dumbarton
was negligently kept and might easily be surprised, he sent
three companies, under the command of Captain Crawford,
Captain Home, and Captain Ramsey, to give the attempt.
Ladders and other necessaries for scaling being prepared,
they went thither in the night, conducted by a fellow that
had served in the house, and as then had quit his service
upon a private discontent. A little before day, carrying the
ladders with the least noise they could make, they placed
the same in the most commodious part for ascent, and, not-
withstanding of sundry difficulties that happened, got up in
the end to the top of the rock. There having a wall of
stone likewise to climb, Captain Alexander Ramsey, by a
ladder which they drew up after them, was the first that
entered, and for a short space defended himself against three
watchmen that assailed him. Crawford and Home following
quickly with their companies, the watchmen were killed, and
the munition seized. The Lord Fleming, who commanded
the castle, hearing the tumult, fled to the nether Baize, (so
they call the part by which they descend to the river,) and
escaped in a little boat. The soldiers and other servants
yielding, were spared, and freely dimitted. Within the
castle were the archbishop of St Andrews, Monsieur Verac
the Frenchman, the Lady Fleming, John Fleming of Boghall,
Alexander Livingstone, son to the Lord Livingstone, and
John Hall an Englishman, who were all made prisoners.
The next morning the regent came tliither (for he was lying
at Glasgow), and using the lady honourably, suffered her to
depart with her plate, jewels, and all that appertained either
to her or to her husband. Verac was sent to be kept at
St Andrews, and permitted afterwards to depart. The
Englishman Hall was delivered to the marshal of Berwick.
Boghall and the Lord Livingstone's son Avere detained. The
archbishop was sent to Stirling, and the first of April pub-
hcly hanged on a gibbet erected to that purpose.

156 THE HISTORY OF THE [a. D. 1570.

This was tlie first bishop that suffered by form of justice
in this kingdom. A man he was of great action, wise and
not unlearned, but in life somewhat dissolute. His death,
especially for the manner of it, did greatly incense his friends,
and was disliked of divers, who wished a greater respect to
have been carried to his age and place. But the suspicion of
his guiltiness in the murders of the king and regent made
him of the common sort less regretted. It is said, that being
questioned of the regent's murder he answered, " That he
might have stayed the same, and was sorry he did it not."
But when he was charged with the king's death, he denied
the same. Yet a priest called Thomas Robinson, that was
brought before him, affirmed that one John Hamilton (com-
monly called Black John) had confessed to him on his death-
bed that he was present by his direction at the murder.
Whereunto he replied, " That being a priest he ought not
to reveal confessions, and that no man's confession could
make him guilty." But for none of those points was he con-
demned, nor the ordinary form of trial used, though he did
earnestly request the same; only upon the forfeiture led
against him in parliament he was put to death, and the exe-
cution hastened, lest the queen of England should have in-
terceded for his life.

They who stood for the queen, upon advertisement that
the treaty was dissolved, and that she had recalled the bishop
of Galloway and the Lord Livingstone, did presently take
arms. The laird of Grange, to keep the town of Edinburgh
under command, did plant in the steeple of St Giles some
soldiers, and transport all the armour and munition which
was kept in the town house to the castle. After a few days
the duke of Chatelherault came thither, with the earls of
Argyle and Huntly, the Lords Herries, Boyd, and divers
others, to stay the holding of the parliament, which had
been adjourned to the fourteenth of May. At their coming
they compelled the clerks and keepers of the register to
dehver the books of council and parliament, and seized on
every thing which they thought might hinder the states to
convene. The ministers were commanded in their pubHc
prayers to make mention of the queen their sovereign prin-
cess, which they refused. John Knox withdrew himself,

A. D. 1571.] CHURCH OF SCOTLAND. 157

and retired to St Andrews, Alexander bishop of Galloway-
preaching in his place.

The regent on the other side, with the nobility that adhered
to the king, came unto Leith, with a resolution to hold the
parhament, whatsoever should follow ; and because it would
be a difficult work to recover the town, conclusion was taken
to keep the parhament in that part of the Canongate which
is subject to the town's jurisdiction ; the lawyers having re-
solved, that in what part soever of the town the Estates
should convene, their meeting would be found lawful. Thus
on Monday the fourteenth of May, which was the diet ap-
pointed, the parliament according to the custom was fenced
in a house without the gates, yet within the liberties of the
town. The Saturday preceding, the regent had by ad-
vice of the council sent some men of war to possess that
part of the town, who were assisted by certain noblemen
voluntaries that joined in the service. And notwithstanding
the continual playing of the ordnance upon that part from
the castle, both that day and all the time the parliament sat,
not a man (a thing most strange) of the regent's side was
either hurt or killed. There were cited to the parliament
young Lethington, his brother Mr John Maitland, prior of
Coldingham, Gavin Hamilton, abbot of Kilwinning, with his
eldest son, and a base son of the late archbishop of St
Andrews, who were all declared culpable of treason ; young
Lethington, because of his foreknowledge and counsel given
to King Henry his murder; the rest for their rebellion
against the king and his regents. As in such a troubled
time the parliament was very frequent ; for of the nobility
were present the earls of Morton, Mar, Glencarne, Craw-
ford (who some months before had forsaken the queen's fac-
tion, and submitted himself to the king), Buchan, and Men-
teith, the Lords Keith and Graham, as proxies for their
fathers, the earls of Marshal and Montrose, with the Lords
Lindsay, Ruthven, Glammis, Yester, Methven, Ochiltrie,
Cathcart, two bishops, nine abbots and priors, with twenty
commissioners of burghs. The forfeiture pronounced, the
Estates took counsel to dissolve, because the danger was
great, and prorogued the parliament to the third of August,
appointing the same to meet at Stirling,

A new civil war did then break up, which kept the realm

158 THE HISTORY OF THE [a, D. 1571.

in trouble the space of two years very nigh, and was excr-
ced with great enmity on all sides. You should have seen
fathers against their sons, sons against their fathers, brother
fighting against brother, nigh kinsmen and others allied to-
gether as enemies seeking one the destruction of another.
Every man, as his affection led him, joined to the one or other
party; one professing to be the king's men, another the
queen's. The very young ones scarce taught to speak had
these words in their mouths, and were sometimes observed
to divide and have their childish conflicts in that quarrel.
But the condition of Edinburgh was of all parts of the coun-
try the most distressed, they that were of quiet disposition
and greatest substance being forced to forsake their houses ;
which were partly by the soldiers, partly by other neces-
sitous people (who made their profit of the present calamities),
rifled and abused.' The nineteenth day of May the regent
and other noblemen leaving the Canongate went to Leith,
and the next day in the afternoon took their journey towards
Stirling, where the ordinary judges of Session were com-
manded to sit for ministering justice to the lieges. As they
were taking horse, the forces within Edinburgh issued forth,
making show to fight, yet still they kept themselves under
guard of the castle. The earl of Morton parting from the
regent at Corstorphine, had the foot-soldiers left with him to
withstand the enemy, if he should make any sudden attempt.
Nor did there many days pass when the earl of Huntly and
Lord Claud Hamilton with their forces enterprised the burn-
ing of Dalkeith. Morton, who remained there, being fore-
warned of their coming, took the fields, and entertained a
long fight with them, though in number he was far inferior.
Divers on either side wore killed, twenty-five of the earl of
Morton's men taken prisoners, and of the adverse party
Captain Hackerston. Neither had the conflict ended so soon,
if they had not been separated by an accident that happened
in the time. The earl of Huntly and Lord Claud had car-
ried with them a great quantity of powder, wherewith the
soldiers striving to furnish themselves, and one of the
matches falling amongst the powder, it took fire, and with a
terrible noise overthrew all that stood by. Captain James
Melvill and a number of his company were thereby killed in
' [See note at the end of this Book.— E.]

A. D. 1571.] CHURCH OF SCOTLAND. 159

the place ; many died a few days after of the hurt they re-
ceived at that time.

The earl of Morton by this invasion being taught to look
unto himself, did hire a band of soldiers that was lately come
from Denmark under the command of Captain Michael
Wemyss, or, as others write, Captain David Wemyss. The
lords that remained at Edinburgh, thinking to intercept him
and his company, as he crossed the river of Forth, employed
Mr James Kirkcaldy, brother to the laird of Grange (who a
few days before was come from Franco with a supply of
money and arms), and Captain Cullen, a man well skilled in
sea affairs, to he in wait for their landing. But the purpose
being detected to the earl of Morton, he came upon them at
Leith as they were taking boat so unexpected, as sixteen of
the number were taken prisoners ; which served to redeem
certain of Captain Wemyss's company, that were the next
day taken at sea, for he himself with the greatest part arrived
safely at Leith.

The regent having advertised the queen of England of
those troubles, and by the common danger of both the realms
entreated that she should no longer remain a neuter, she sent
Sir WiUiam Drury, marshal of Berwick, to try the estate of
things, the power that the regent had, and the means where-
by the castle of Edinburgh might be recovered. And per-
ceiving by the information returned, that without her assist-
ance neither could that strength be regained, nor the waged
soldiers be kept long together, because as yet she held it not
fit to declare herself for the king, she began of new to treat
with both parties for a surccasance of arms, and that the
town of Edinburgh might be freed of the soldiers, and left
patent for the court of justice, the captain of the castle having in
the meantime a convenient revenue (for guarding the house)
allowed unto him. But this turned to no effect, for the con-
ditions for the surceasance required could not be agreed unto
by either side. For the regent would have the town of
Edinburgh put in the estate wherein it was at the going of
the commissioners to the court of England in January pre-
ceding, and Grange to content himself with such an ordinary
garrison as other keepers of the castle were accustomed to
entertain. The other faction was content to leave the town
patent, but so, that neither the regent nor the eai'l of Morton

160 THE HISTORY OF THE [a. D. 1571.

should come unto it. And for the surety of the castle, they
would have Grange to retain a hundred and fifty soldiers
besides the ordinary guard, who should lodge in that part of
the town which was nearest unto the same.

The conditions of either side rejected, they of Edinburgh,
not to be wanting of the authority of a parliament, kept a
public meeting in the town-house the twelfth day of June
(to which day they had indicted a parliament), where a sup-
plication was presented in name of the queen, bearing, " That
it was not unknown how certain of her rebellious subjects
having imprisoned her person in the tower of Lochleven, did
hereafter constrain her to make a dimission of the crown in
favours of her son, which by the advice of Mr John Spence
of Condy, her advocate, she had lawfully revoked ; albeit
otherwise the same could not subsist, being done without the
consent and advice of the Estates, and upon a narrative of her
inability and weakness, which any of mean judgment might
consider to be a mere forgery, seeing her weakness to govern
cannot be esteemed so great as is the weakness of an infant
lying in the cradle, neither can he who hath the present ad-
ministration of aifairs compare with her in any sort for apt-
ness and ability to govern. Therefore was it desired that
the nobility and Estates there convened, after they had
examined the grounds of the said dimission, and found them
in reason naught, should discern the same to be null in all
time coming."

The supplication once or twice read, as the custom is, it
was pronounced as foUoweth : " The lords spiritual and tem-
poral with the commissioners of burghs presently assembled,
being ripely advised with the supplication presented, have
by authority of parliament ordained the said pretended di-
mission, renunciation, and overgiving of the crown by the
queen, consequently the coronation of her son, the usurped
government of liis regents, and all that hath followed there-
upon, to have been from the beginning null and of no force
nor effect, for the reasons contained in the said supplication,
and other considerations notour to the whole Estates. And
therefore commands all the subjects to acknowledge the queen
for their only sovereign, notwithstanding the said dimission,
and as it had never been in rerum natura.'" Herewith to
conciliate the favour of the church and people, by another

A. D. 1571.] CHURCH OF SCOTLAND, 161

statute they ordained, " That none should innovate, alter, or
pervert the form of religion and ministration of sacraments,
presently professed and estabhshed within the realm ; but
that the same should have free course, without any let or
impediment to be made thereto." And therewithal the super-
intendents, ministers, exhorters, and readers in churches,
were commanded in theu' pubHc service to pray for the queen
as their only sovereign, the prince her son, the council,
nobility, and whole body of the commonwealth. These
statutes they caused to be proclaimed at the market-cross the
day following, which was the thirteenth of June.

Sir William Drury findmg his labours unprofitable, and
preparing to depart, the lords of Edinburgh would needs in
courtesy bring him on the way. The earl of Morton, who
lay then at Leith pained with a cholic, hearing that they
were in the fields, and taking it to be done for ostentation of
their power, arose from his bed, and putting his men in
order, marched to Restalrig, which way they were to pass.
Sir William Drury perceiving the companies of Leith in the
way, and sorry that his convoy should have given the occa-
sion, travelled between them, and by his persuasions made
them both consent to retire. But then the question fell who
should first retu'e ; and for this Sir William proponed, that
he should stand between the companies, and upon a sign to
be given by him both should turn at one instant. The earl
of Morton accepted the condition, lest he should offend the
gentleman who had taken such pains amongst them ; the
others refused, giving forth great brags, that they should
make them leave the fields with shame if they did it not
wilUngly. How soon Morton was advertised of the diflSculty
they made, he cried aloud, " On, on, we shall see who keeps
the fields last," and therewith gave so hard a charge upon
them, as they disordered both the horse and foot. The
chase held towards the Watergate, where by reason of the
strait and narrow passage many were killed and trod to
death ; but the number of prisoners were greater, for there
were a hundi-ed and fifty taken, amongst whom were the
Lord Home and Captain James Cullen ; the abbot of Kil-
winning was killed, a gentleman of good worth, and greatly
lamented, for he was of all that faction esteemed most mo-
derate. There died some fifty in all, most of them common

VOL. II. 11

162 THE HISTORY OF THE [a. D, 1571.

soldiers and of mean account. On Morton's side Captain
Wemyss with one only soldier was slain. This conflict
happened on Saturday the twenty-eighth of June 1571.

Advertisement hereof sent to the regent, he came the next
day to Leith, where first order was taken with the prisoners,
and the Lord Home sent to Tantallan. But he stayed not
long there, for the laird of Drumlanrig being intercepted by
Sir David Spence of Wormiston, as he was making home-
wards, an exchange was made of the Lord Home with him.
Captain Cullen, a man infamous, and who in the last wars
had used great cruelty, was hanged on a gibbet. The rest
upon promise not to serve against the king were dimitted.
Resolution then was taken for the regent's abode at Leith,
and the country's attendance upon him by quarters, to keep
the adversaries busied, and hinder the victualling of the
town. During which time no day passed without one con-
flict or other, wherein sometimes the regent, and sometimes
the queen's party had the better. At this time, upon a re-
port carried to the laird of Grange that he was commonly
called by those of Leith the traitor, he sent a trumpet to
appeal any one of their side to combat that should dare to
affirm so much. The laird of Garlies offering to maintain
it, time and place were appointed for the fight ; and when all
were expecting the issue of it. Grange excused himself by the
public charge he bare, saying, " That it was not thought con-
venient he should hazard the cause in his own person."

Notwithstanding of this great heat amongst the parties, the
queen of England ceased not to mediate an accord, and by a
letter to the marshal, dated the nineteenth of July, willed
him to move them of new for an abstinence, offering to send
persons of authority and credit to the borders, who should
travail to agree them, and remove all differences as well con-
cerning the title of the crown as other private matters. And
because it was given her to understand that both parties had
indicted parliaments to August next, she desired that no pro-
ceeding should be made therein, either by making of laws, or
by denouncing of any persons forfeited, and that only they
should authorize certain persons to meet with her commis-
sioners for consulting upon the best means to conclude a
solid peace. There was also a letter of safe conduct sent for
any one that Grange would direct imto England (for this he

A. D. 1571.] CHURCH OF SCOTLAND. 163

had desired), Lethington excepted, and those that were sus-
pected of the late king's murder. But whether this exception
gave the cause, or the daily encouragements sent by the
French, none was directed thither.

The regent by his answer of the twenty-seventh excused
his not yielding to the abstinence, Avhich, he said, " without
evident prejudice to the king's cause could not be granted so
long as Edinburgh was detained." For other points he an-
swered, " That by himself, without the consent of the nobihty
and Estates, he could say nothing ; but at their meeting in
August her majesty should receive all reasonable satisfaction."
The adversary party in the mean time, nothing relenting of
their course, did keep a form of parliament at Edinburgh
the twenty-second August ; and though they were but five
persons in all present that had any voice in the state, to wit,
two bishops and three noblemen, they pronounced above
two hundred persons forfeited. The regent advertising the
queen of England how they had proceeded, and with what
disorder, did show the necessity whereunto they that lived
in the king's obedience were brought, and how it concerned
him and the .rest to prosecute what they had justly intended,
in regard of their enemies' precipitation. So in the parliament
kept at Stirling the twenty-eighth of the same month, sen-
tence of forfeiture was pronounced against the duke of
Chatelherault, his two sons, the abbot of Aberbrothock and
Lord Claud, the earl of Huntly, the laird of Grange, and
some others. And for satisfying the queen of England's
desire, the earls of Morton, Mar, and Glencarne, the Lords
Sempill, E-uthven, and Glammis, with the bishop of Orkney,
the abbots of Dunfermline and St Colme's Inch, Sir John
Bellenden, justice-clerk, and Mr James Macgill, clerk of
register, were nominated by the Estates, and commission
given them, or to any four, three, or two of that number, to
treat with such as the queen of England should appoint upon
the differences arisen amongst the subjects by occasion of the
late troubles, and for contracting a league offensive and de-
fensive betwixt the two realms. Of all that did the regent
give notice to the queen, beseeching her not to press them
with any thing that might seem to call the king's authority
in question. But before these letters came to her hands, he
was killed, as ye shall hear.

164 THE HISTORY OF THE [a. D. 1571.

Lord Claud Hamilton having intelligence given him of the
security wherein the regent and nobility lived at Stirling,
and how as in a time of settled peace they did not so much
as keep a watch by night, took resolution to invade them,
and was therein greatly encouraged by Captain George Bell
(a man born in Stirling, and one that knew all the passages
and streets), who made offer to put him and the company he
should bring with him safely in the town. This he communi-
cated to the earl of Huntly, Walter Scot of Buccleuch, and
David Spence of Wormiston, who were all content to join in
the enterprise. The second of September they went from
Edinburgh a little before sunsetting, accompanied with two
hundred horse and three hundred foot ; and, lest their
journey should be suspected, they made the rumour go that
they went towards Jedburgh, to compose a discord fallen out
betwixt the town and the laird of Farniherst. To ease the
footmen they had taken all the horses which came the day
before to the market, and as many as they could otherwise
purchase by the way ; and so marching with a wonderful
confidence (for by the way all their discourse was whom they
would kill, and whom they would save), they came about the
dawning of the day to the town, and found all things so quiet,
as not a dog was heard to open his mouth and bark : where-
upon having planted the soldiers in the most commodious
parts of the town, and enjoined them to suffer no person to
come unto the street, they went to the noblemen's lodgings
which were designed unto them, and found there little or no
resistance. The earl of Morton defended the lodging where-
in he was some little time, but fire being put to the house
he rendered to the laird of Buccleuch. The regent was
taken with less ado, his servants making no defence. In like
sort were the earls of Glencarne and Eglinton made prisoners,
with divers others. The earl of Mar hearing the noise,
issued forth of the castle with sixteen persons only, and
entering the back of his new lodging, which was not then
finished, played with muskets upon the street, so as he forced
them to quit the same. The townsmen and others, upon this
taking courage, gathered together and put the enemy to
flight, pursuing them so hotly as they were constrained to
quit their prisoners, and some to render themselves to those
they were leading captive. The regent, who was Wormis-

A. D. 1571.] CHURCH OF SCOTLAND. 165

ton's prisoner (for to him he had rendered), being carried a
little without the port, when they saw the rescue coming,
was shot by Captain Calder, and with the same bullet Worm-
iston (who did what he could to save the regent) was
stricken dead.

The death of this gentleman was much regretted of both
factions, for that he was for manly courage and other virtues,
as well of body as mind, inferior to none of his time. There
fell at this time on the regent's side some twenty-four,
amongst whom the most eminent were George Ruthven,
brother to the Lord Ruthveu, and Alexander Stewart of
GarHes. Of the other side as many were slain, and divers
taken prisoners ; amongst whom were the two Captains Bell
and Calder, who were executed as traitors. The Lord
Claud with the earl of Huntly and the rest escaped, and had
all been taken if there had been horses to pursue them ; but
the borderers that followed Buccleuch, men accustomed with
such practices, had emptied the stables at the first entry into
the town. It was certainly a bold enterprise, whereof we
will not find many the like in story. So few men leaving
their strength to take so long a journey, and enter upon a
town full of enemies (for there were in it 5000 able and reso-
lute men at least, besides the inhabitants), was a great
audaciousness ; and then to get in their hands the chief of
theu' adversaries, whereby they were once in a possibiUty to
have returned absolute victors ; yea when the course altered,
to have saved themselves with so little loss, was held strange,
and made the enterprise to be counted no less fortunate than
it was bold and venturous.

It was also observed, and is worth the reporting, that the
young king, who was brought from the castle to the parlia-
ment house at their first sitting, after a short speech which
they had put in his mouth, espying in the table-cloth, or, as
others have said, in the toji of the house, a little hole, cried
out, that there was a hole in the parliament. An ominous
speech, and so interpreted by some that were present, which
the event made the more remarkable ; for before the parlia-
ment was at an end a great hole was made in it by the death
of him that began the same. The regent, though his wound
was mortal, did not light from his horse till he came to the
castle. By the way when his friends did encourage him, he

166 THE HISTORY OF THE [a. D. 1571.

still answered, if the babe be well (meaning the king) all is
well : and being laid in bed and his wound dressed, after
they had told him that his bowels were cut, calling the no-
bility he spake unto them a few words to this effect : —

" I am now, my lords, to leave you, at God his good pleasure,
and to go into a world where is rest and peace. Ye know
it was not my ambition, but your choice, that brought me to
the charge I have this while sustained ; which I undertook
the more wiUingly, that I was persuaded of your assistance
in the defence of the infant king, whose protection by nature
and duty I could not refuse. And now, being able to do no
more, I must commend him to Almighty God, and to your
care, entreating you to continue in the defence of his cause
(wherein I do assure you in God's name of your victory), and
make choice of some worthy person, fearing God and affec-
tionate to the king, to succeed unto my place. And I must
likewise commend unto your favour my servants, who never
have received benefit at my hands, and desire you to re-
member my love to my wife Meg (so he was accustomed to
call her), whom I beseech God to comfort." This said, he
took leave of them all one by one, requesting them to assist
him with their prayers, in which he himself continued some
hours, and so most devoutly ended his life. A man he was
of noble qualities, tried with both fortunes, and if he had
enjoyed a longer and more peaceable time, he had doubtless
made the kingdom happy by his government.

It is time that we return to the Church, and consider what
the estate thereof was amidst the civil dissensions. In the
countries where the queen's faction ruled, the ministers in
their prayers did always recommend the queen as sovereign,
serving the affection of those that commanded in the bounds,
albeit the Assembly of the Church had otherwise appointed.
John Knox, as we showed, had left the town of Edinburgh,
and was gone to St Andrews, where he had strong opposi-
tion made him by Mr Arcliibald and Mr John Hamilton,
professors of philosophy in the new college, who stood fast
to the queen's cause, and drew many of the students after
them. This, together with the grief he conceived of the
present troubles, did cast him in a sickness, whereof he never
perfectly recovered. And at this time hearing that the As-
sembly of the Church was met at Stirling, he sent unto them

A. D. 1571.] CHURCH OF SCOTLAND. 167

a letter, which I thought worthy to bo here insert : it was
as followeth. " Because the daily decay of natural strength
doth threaten me with a certain and sudden departing from
the misery of this life, I exhort you, brethren, yea in the
fear of God I charge you, to take heed to yourselves and to
the flock over which God hath placed you ministers. What
your behaviom* should be, I cannot now, nor have I need, as
I think, to express ; but to charge you to be faithful, 1 dare
not forget. And unfaithful ye shall be counted before the
Lord Jesus, if with your consent, directly or indirectly, you
suffer unworthy men to be thrust into the ministry of the
Church, under whatsoever pretext. Remember the judge
before whom we must give account, and flee this as ye would
eschew hell-fire. This will be a hard battle I grant, but
there is a second will be harder, that is, to withstand the
merciless devourers of the Church-patrimony. If men will
spoil, let them do it to their own peril and condemnation ;
but communicate not ye with their sins, of what estate soever
they be, neither by consent nor silence, but with public pro-
testation make known to the world that ye are innocent of
such robbery, and that ye will seek redress thereof at the
hands of God and man. God give you wisdom, strength,
and courage in so good a cause, and me a happy end. From
St Andrews the tliirteenth of August 1571."

In this meeting the churchmen began to think somewhat
more seriously of the policy of the Church than before ; for
the first draught being neither liked universally among them-
selves, nor approved by the council, they saw it needful to
agree upon a certain form of government that might con-
tinue. Unto this time the Church had been governed by
superintendents and commissioners of countries, as they were
then named. The commissioners were alterable, and were
either changed or had their commissions renewed in every
Assembly. The superintendents held their office during life,
and their power was episcopal ; for they did elect and oi*-
dain ministers, they presided in synods, and directed all
church censures, neither was any excommunication pro-
nounced without their warrant. They assigned the stipends
of ministers, directing the collectors (who were then chosen
by the General Assembly) to distribute the thirds of benefices
amongst them, as they thought convenient. If any surplus-

168 THE HISTORY OF THE [a. I>. 1571.

age was found in the accounts, the same was given by their
appointment to the supply of the public state ; and in such
respect were they with all rjien, as, notwithstanding the dis-
sensions that were in the country, no exception was taken at
their proceedings by any of the parties, but all concurred to
the maintenance of religion, and in the treaties of peace made,
that was ever one of the Articles ; such a reverence was in
those times carried to the Church, the very form of govern-
ment purchasing them respect. But the Church considering
that things could not long continue in that estate, the super-
intendents being grown in years, and most of them serving
upon their own charges, which burden it was not to be hoped
others, when they were gone, would undergo, thought meet
to intercede with the regent and Estates, for establishing
a sure and constant order in providing men to those places
when they should fall void, and setthng a competent moyen
for their entertainment. To this effect commission was given
to the superintendents of Lothian, Fife, and Angus, and with
them were joined Mr David Lindsay, Mr Andrew Hay,
Mr John Row, and Mr George Hay. These were appointed
to attend the parliament, and deal with the regent and
Estates, that some course might be taken in that business.
But the regent's death and the troubles which thereupon en-
sued made all to be continued for that time.

The regent's funerals performed with such solemnity as
the time would suffer, and his corpse interred in the chapel of
the castle of Stirling, the next care was for choosing a gover-
nor in his place. Archibald earl of Argyle (who was then
returned to the king's obedience), James earl of Morton, and
John earl of Mar being put in htes, the voices went with the
earl of Mar. The fifth of September the election was made,
after which the parliament went on ; wherein, besides the
confirmation of the regency, certain other acts passed in
favours of those that should happen to be slain in defence of
the king his authority. And the regent bending all his
thoughts to the besieging of Edinburgh, brought an army
thither about the midst of October, with nine pieces of
artillery taken forth of the castle of Stirling. Having battered
the walls of the town on the south side, but to small purpose,
because of the ramparts and ditches which the defendants
had cast up within, he retired himself and his army to Leith.

A. D. 1571.] CHURCH OF SCOTLAND. 169

The rest of the winter was spent in light skirmishes, wherein
none of the parties did suffer any great loss. They in
Edinburgh had the advantage ; for the castle being situated
in a high place, and having a long prospect into all the parts
about, gave them warning by a certain sign when their
enemies did issue forth, so as seldom they came to handy-
strokes : once only it happened that in an ambush laid by
them of Leith, two captains, Hackerton and Michell, who
served the lords in Edinburgh, with sixty of their companies,
were taken prisoners. This made them of Edinburgh more
circumspect in their outgoing ever after that time.

In the north parts, Adam Gordon (who was deputy for
his brother the earl of Huntly) did keep a great stir, and,
under colour of the queen's authority, committed divers op-
pressions, especially upon the Forbeses. Arthur Forbes,
brother to the Lord Forbes (commonly called Black Arthur),
a man both of wisdom and courage, had from the beginning
of the civil wars always followed the king's party, and was
at that time labouring to pacify quarrels amongst those of
his name (for they were striving still one with another), that
they might be the more able to withstand their enemies.
In end he prevailed so far, as he brought his friends to con-
descend upon a time and place of meeting for taking up their
controversies, and binding them together in a sure friendship.
Adam Gordon smelling his purpose, and fearing the conse-
quence of it, used many policies to keep them still divided ;
but when he perceived the meeting would keep, he resolved
to come unto the place, and one way or other to impede the
agreement. At his coming he found them treating upon
matters, and standing in two companies a good space one
from another, and, as if he had been ignorant of the purpose,
sent to inquire wherefore they made such convocations.
They answered, that they were doing some private affairs,
wherein he had no interest. And being commanded to
separate and return to their houses, they refused ; whereupon
he invaded them, and falling on that part where Arthur
Forbes stood, in the very joining killed him. The rest see-
ing him fall took the flight, and in the chase many were slain ;
they reckon a hundred and twenty to have died at that time.
Not long after, he sent to summon the house of Towy per-
taining to Alexander Forbes. The lady refusing to yield

170 THE HISTORY OF THE [a. D. 1571.

without direction from her husband, he put fire unto it, and
burnt her therein, with her children and servants, being
twenty-seven persons in all. This inhuman and barbarous
cruelty made his name odious, and stained all his former
doings ; otherwise he was held both active and fortunate in
his enterprises.

The Lord Forbes having escaped in the conflict, came to the
regent, and complained for a present supply. He had
granted to him two hundred footmen under the conduct of
two captains, Chisholm and Wedderburn, with letters to the
noblemen of the country that lay adjacent to assist. Forbes
gathering his friends, and thinking himself strong enough
with the supply he had obtained, made out to search and
pursue his enemies. Adam Gordon lay then at Aberdeen,
and being advertised that the Forbeses were drawing near
to the city, he went forth to meet them. The encounter at
the beginning was sharp and furious ; but the Forbeses were
young men, for the greatest part, of small experience, and not
under command ; and the soldiers not being well seconded by
them, after they had fought a wliile, gave over and yielded.
The slaughter was not great, for the conflict happened in the
evening, which helped many to escape. Captain Chisholm
with most of his company, and some fifteen of the name of
Forbes, were killed ; the master of Forbes and some others
were taken prisoners.

This good success of the queen's party in the north gave
hearts to all the faction, and now they began everywhere to
take new courage. In the south the lairds of Farniherst and
Buccleuch did assail Jedburgh, a little town, but very con-
stant in maintaining the king's authority. Lord Claud
Hamilton belayed Paisley. The castle of Broughty on
the river of Tay was surprised by Seaton of Parbroath.
And in divers other parts, troubles were raised of purpose to
divide the regent's forces, and to withdraw him from Leith,
that the town of Edinburgh, which was then in some scarcity
of victuals, might be relieved.

In the month of January an assembly of the Church con-
vened at Leith, where, after great instance made with the re-
gent and council for settling the policy of the Church, it was
agreed that six of the council and as many of the Assembly
should be selected to treat, reason, and conclude upon that

A, D. 1571.] CHURCH OF SCOTLAND. 171

business. For the council James, earl of Morton, chancellor ;
William, lord Ruthven, treasurer ; Robert, abbot of Dun-
fermline, secretary ; Mr James INIacgill, keeper of the roUs ;
Sir John Bellenden, justice-clerk ; and Colin Campbell of
Glenorchy were named ; and for the Church, John Erskine
of Dun, superintendent of Angus ; Mr John Winraime, su-
perintendent of Fife ; Mr Andrew Hay, commissioner of
Clydesdale ; Mr David Lindsay, commissioner of the west ;
Mr Robert Pont, commissioner of Orkney ; and Mr John
Craig, one of the ministers of Edinburgh. These twelve
convening, after divers meetings and long deliberation, grew
to the conclusions following :

1. That the archbishoprics and bishoprics presently void
should be disponed to the most quaUfied of the min-
istry.

2. That the spiritual jurisdiction should be exerced by the
bishops in their dioceses.

3. That all abbots, priors, and other inferior prelates, who
should happen to be presented to benefices, should be tried
by the bishop or superintendent of the boimds, concerning
their qualification and aptness to give voice for the Church
in parliament, and, upon their collation, be admitted to
the benefice, and not otherwise.

4. That to the bishoprics presently void, or that should
happen thereafter to fall, the king and the regent should
recommend fit and qualified persons, and their elections to
be made by the chapters of the cathedral churches. And
forasmuch as divers of the chapters' churches were pos-
sessed by men provided before his majesty's coronation,
who bare no ofiice in the Church, a particular nomination
should be made of ministers in every diocese to supply
their rooms until the benefices should fall void.

5. That all benefices of cure under prelacies should be dis-
poned to actual ministers, and to no others.

6. That the ministers should receive ordination from the
bishop of the diocese, and where no bishop was as yet
placed, from the superintendent of the bounds.

7. That the bishops and superintendents at the admission
of ministers should exact of them an oath for acknowledg-
ing his majesty's authority, and for obedience to their

172 THE HISTORY OF THE [a. D. 1571.

ordinary in all things lawful, according to the form then
condescended.

Order also was taken for disposing of provostries, college-
churches and chaplainries, and divers other particulars most
profitable for the Church, as in the records extant may be
seen ; which were all ordained to stand in force until the
king's majority, or till the Estates of the realm should other-
wise appoint.

In August thereafter, the Assembly of the Church meeting
again at Perth, report was made of these conclusions, and
exception taken by some at the titles of archbishop, dean,
archdeacon, chancellor, and chapter, as being popish and
offensive to the ears of good Christians. Whereupon it was
declared, that by using these titles they meant not to allow
of popish superstition in any sort, wishing the same to be
changed in others not so scandalous. As the name of bishop
to be hereafter used for archbishop, the chapter to be called
the bishop's assembly, the dean to be called the moderator of
the said assembly ; and for the titles of archdeacon, chancel-
lor, abbot, and prior, that some should be appointed to con-
sider how far these functions did extend, and give their
opinion for the interchange thereof with others more agree-
able to the word, and the policy of the best reformed churches,
reporting their opinions at the next Assembly. But I do
not find that any such report was made : like it is the wiser
sort esteemed there was no cause to stumble at titles, where
the oflace was thought necessary and lawful. A protestation
always was made, that they received these articles for an
interim, till a more perfect order might be obtained at the
king his regent and the nobility's hands. According to
these conclusions, Mr John Douglas, provost of the New
College of St Andrews, was provided to the archbishopric of
that see, Mr James Boyd to the archbishopric of Glasgow,,
Mr James Paton to the bishopric of Dunkeld, and Mr Andrew
Grahame to the bishopric of Dunblane.

About the end of January, the regent, advertised of the
peril wherein the town of Jedburgh stood, and of the great
preparation that Faruiherst and Buccleuch made to surprise
it, (for they had, besides their own forces, drawn all the people
of Esk, Ewes, and Liddesdale to join with them, in hope of

A. D. 1572.] CHURCH OF SCOTLAND. 173

spoil, and from the English borders divers that were given
to robbery, to the number of three thousand and above,) sent
the Lord Ruthven with some forces to defend them. Before
his coming, Walter Ker of Cessford, a man of good worth,
who had ever assisted the kmg's party, was joined with them.
Their enemies not the less esteeming themselves strong-
enough by reason of their numbers, went forwards with an
assurance of victory. The Lord Ruthven having notice
given him by the way of their diet, and the time they had
appointed to invade the town, did use the more speed, and
came in sight thereof just as the enemies appeared. They,
fearing to be enclosed betwixt the town (who showed them-
selves in the fields ready to fight), and the forces the
Lord Ruthven brought with him, did presently retire and
give back. Farniherst and Buccleuch went to Hawick, and
were followed the next day by the Lord Ruthven, who came
upon them so unlooked for, as they were cast into a great
fear. The principals that had horses fleeing away, the rest
betook them to a little bush of wood, where, being en-
vironed on all sides, they yielded at discretion. The pri-
soners were many, of whom some few were retained as
pledges, and the rest dimitted upon promise to enter them-
selves at a certain day. The rest of the winter and all the
next spring was spent in hght skirmishes, with small loss on
either side ; for they of the queen's faction did seldom come
to the open fields, or if they showed themselves at any time,
upon the first onset thej took the flight, and retired to the
town.

Whilst matters did thus proceed in the queen of Scots'
quarrel at home, the bishop of Ross in England renewed the
purpose of marriage with the duke of Norfolk, and practised
with divers for setting the queen at liberty. This being
discovered, the duke was committed to the Tower of London,
and being arraigned at Westminster Hall the sixteenth of
January, was convicted of treason and condemned to die, yet
was the execution delayed to the June after. The bishop of
Ross, called also in question, defended himself by the privi-
leges of his ambassage, saying, " That he had done nothing
but what his place and duty tied him unto, for procuring the
liberty of his princess ; and that he came unto England with
sufficient authority, which he had showed, and was at the

174 THE HISTORY OF THE [a. D, 1572.

time accepted." When it was replied, " That the privileges
of ambassadors could not protect them who did offend against
the majesty of the prince they were sent unto, and that they
were not to be reputed other than enemies who practised
rebelUon against the state:" he answered, " That he had
neither raised nor practised rebellion ; but perceiving the
adversaries of his princess countenanced, and her out of all
hope of hberty, he could not abandon his sovereign in her
afihction, but do his best to procure her freedom. And that
it would never be found that the privileges of ambassadors
were violated via juris, by course of law, but only viafacti,
by way of fact, which seldom had a good success." After
long altercation, he was sent to the Isle of Ely, and from
thence brought and imprisoned in the Tower, where he re-
mained nigh two years. Some ten days after Norfolk's
execution, the queen of England directed certain of her
council to the queen of Scots, to expostulate with her for
making suit to the pope and king of Spain, and for receiving
letters from the pope, together with a sentence declaratory
published against herself ; whereunto (after protestation that
she was a free queen and subject to none) she answered,
" That she had indeed by letters solicited both the pope and
king of Spain for restoring her unto her kingdom, which was
no prejudice to the queen of England, that she had received
godly and consolatory letters from the pope. But for the
sentence given by him, she never knew thereof till a printed
copy was brought unto her, which after she had read she did
cast into the fire." These answers did not satisfy the queen
of England, who having understood that she had entered in
a secret confederacy with the Spaniard, kept her from that
time in a more strict custody than before.

Yet, at the request of the French king, she sent of new
Sir WiUiam Drury into Scotland to treat for peace ; and if
that could not be wrought, to procure a cessation of arms for
a certain space. But he prevailed nothing, the wars being
then very hot, and the parties mightily incensed against
others. No quarters were given, nor interchange of prisoners
made, but all that were taken on either side presently exe-
cuted. This device was held to proceed from the earl of
Morton, who thought the troubles would not hastily cease if
a greater severity were not used towards them who withstood

A. D. 1572.] CHURCH of Scotland. 175

the king's autliority. But whose device soever it was, it
proved exceeding hateful. The common sort taking it to
have come of Morton, called the wars of that time the
Douglas' wars. This form of doing continued from the
sixteenth of April to the eighth of June ; at which time both
parties, wearied of execution daily made, were content to
cease from such rigour, and use fair wars, as in former times.
In the north, Adam Gordon, after the Forbeses were de-
feated, found no resistance, and following his fortune, reduced
all beyond the river of Dee to the queen's obedience. To
impede his proceedings (for he had entered then into the
country of Mearns, and was besieging the house of William
Douglas of Glenbervie) the regent directed the earl of Craw-
ford and Buchan, with the Lord Glammis, and master of
Marshal. These noblemen meeting at Brechin, and waiting-
there till their forces should assemble, Adam Gordon came
upon them in the night, and killing the watches that were
placed at the bridge on the north side of the town, had very
nigh taken them all in bed : but they, wakened by the noise
of the trumpets, escaped. Many were taken prisoners, and
some thirty-nine persons slain within the city. This done, he
besieged the town of Montrose, and forced them to pay a
great sum of money ; which put the town of Dundee in such
fear, as they were driven to seek aid of their neighbours in
Fife.

At the same time the castle of Blackness, a fort on the
south side of the river of Forth, was sold by the keeper to
the Hamiltons, and thereby the navigation betwixt Leith
and Stirling barred. At Edinburgh were daily skirmishes
betwixt them and the companies that lay at Leith, and (which
was greatly lamented of both parties) the Lord Methven
killed by a shot of cannon from the castle. The duke in the
meantime having proclaimed a justice-court at Hamilton,
cited divers persons within the sheriffdom of Renfrew and
Lennox to answer to certain crimes whereof they were delated:
the regent prepared to keep the diet, and leaving the earl of
Montrose and the Lord Lindsay to follow the service at Leith,
took journey to Glasgow, and from thence to Hamilton. But
neither the duke nor any in his name appearing to hold the
court, he appointed the Lord Sempill lieutenant in those west
parts for the king, and returned to Stirling.

176 THE HISTORY OF THE [a. D. 1572.

He had intended an expedition into the north, but upon
advertisement that two ambassadors were arrived at Leith,
he turned thither ; the one was Monsieur de Croc, employed
by the French, the other Mr Randolph, by England, who
professed both of them to be sent for negotiating a peace
amongst the parties ; yet was it thought the French did not
much affect the peace. For even then the Lord Fleming
came from France with moneys to pay the soldiers that served
the lords at Edinburgh. This nobleman some ten days after,
walking in the street, was unliappily wounded in the knee by
the shot of a harquebuss, whereof he died the sixth of
September. As to the queen of England, howbeit she de-
sired peace to be made, yet she would have it in such manner
as both factions might depend on her ; and so she had carried
herself in all the late treaties, as however she favoured the
king's party most, the other faction did never despair of her
good will.

The two ambassadors having tried the minds of both par-
ties, they found them more tractable than they expected, and
after some travail taken amongst them, obtained a cessation
of arms for the space of two months, (continuing from the
j&rst of August to the first of October,) upon the conditions
following.

1. That the regent, nobility, and all other subjects of the
realm, partakers with them in the present troubles, should
faithfully promise during the said space to abstain from all
hostility.

2. That before the expiring of the said abstinence, the nobi-
lity and Estates should convene and advise upon the best
means to establish a final peace ; and if any difficulty should
arise in the said treaty which amongst themselves could
not be composed, that the same should be remitted to the
determination of the most Christian king and the queen of
England.

3. That the town of Edinburgh should be set at liberty, and
made patent to all the subjects, and no place thereof be
withholden or fortified with garrisons, the castle only ex-
cepted, which, before these troubles arose, was accustomed
to be kept and guarded with soldiers.

4. That all the subjects, of whatsoever quaUty and condition;

I

A. D. 1572.] CHURCH OF SCOTLAND, 177.

they were, should freely converse together without trouble
or molestation to be offered them by word or deed, except-
ing such as should be found guilty of the murder of the
king, his father, and regents, the thieves and broken men
of the borders and highlands, with the disturbers of the
pubhc peace betwixt the realms of Scotland and England ;
none of which should be comprised in the present absti-
nence, but remitted to the trial and censure of the common
law, and, wheresoever they might be apprehended, pre-
sented to underlie the same.
5. And last, because there were divers persons who in the
time of these troubles had possessed themselves in other
men's lands, and the fruits whereof in that season were to
be collected ; to the effect no impediment should be made
to the peace intended, it was agreed that the corns and
fruits growing upon the said lands should be gathered and
put in granges, or stalked upon the fields, and not applied
to any private use, before the expiring of the abstinence.

These articles were published the first day of August both
at Edinburgh and Leith, and the same day the duke with
the earl of Huntly and their followers departed from Edin-
burgh, leaving the town free and patent, as was agreed.
This beginning of peace joyed not a little the good subjects,
for which public thanks were given in all the churches, and
solemn prayers made for the continuance and perfection
thereof. At this time, or much about the same, the earl of
Northumberland, who had been kept a long time at Loch-
leven, was delivered by the earl of Morton to the Lord
Hunsdon, governor of Berwick, and shortly after beheaded
at York, Hereat many did offend, esteeming the fact dis-
honourable, and a discredit to the whole nation ; others did
excuse it by the necessity of the time, and the inconvenience
that the public affairs might receive, if the queen of England
should be in any sort displeased. But so much the worse it
was taken, that, as the rumour went, Morton received for his
dehvery in England a great sum of money, and so the noble-
man thought rather to be sold than dehvered.

The next day after the publication of the abstinence, the
regent and nobiUty adhering to the king did enter into Edin-
burgh, where the ambassadors, after thanks given them for

VOL. n. 12

178 THE HISTORY OF THE [a. D. 1572.

the pains they had taken, were courteously dunitted. It was
the twenty -seventh of September, some three days only before
the expiring of the abstinence, that the noblemen did meet
(as was appointed) to consult upon the means of a perfect
peace. Whereupon it was first agreed that the abstinence
should be prorogated unto January next. After that, faUing
to treat of the business itself, they agreed in many points,
and even then had made a final accord, if the laird of Grange
had not marred the same with his petitions. These were as
followeth : —

1. He craved a discharge to himself and all that were in the
castle of all things which they or any of them had com-
mitted since the beginning of the troubles, and that all acts,
decrees, and sentences pronounced against them, either in
parliament, secret council, or before the justice-general and
his deputies, might be declared null and of no effect.

2. That they should be repossessed in their rooms, heritages,
and possessions, without any challenge to be made there-
after of the same by whatsoever person or persons.

3. That the heirs of the Lord Fleming, the laird of Wor-
miston, and others who were slain in the queen's cause,
might enter to their heritages and rooms, as though they
had never been forfeited.

4. That the castle of Edinburgh should be consigned in the
hands of the earl of Rothes, with the whole furnishing,
munition, and rent belonging thereto ; the captain making
an account of the jewels and other goods which he received
with the house ; as also restoring all the goods of the
people of Edinburgh that were put in his custody, which
he was content to do, he being freely discharged of all,
and secured by act of parUament.

5. That the castle of Blackness should be put in the keeping
of some one of their side, and the rents appertaining thereto
assigned for the entertainment of a garrison witliin the same.

6. In respect of the great debt he had contracted in these
wars, he craved the sum of twenty thousand marks to be
given him for satisfying his creditors.

7. That the earl of Morton should resign the superiority of
the lands of Grange and other lands annexed thereto, to
be holden of the crown in all time coming.

A. D. 1572.] CHURCH OF SCOTLAND. 179

And lastly, that the lords within the castle might be licensed
to go into the kingdom of France, or any other coimtry they
pleased forth of Scotland ; and that the earl of Rothes
should be surety for the accompUshment of the whole pre-
mises.

These articles being presented to the regent and council,
were for the first three judged reasonable : but to commit
any places of strength to others than those who had constantly
adhered to the king, they esteemed it not safe ; and to give
him any recompense that was known to be the author of all
the last troubles, they said it would be a matter of ill en-
sample. For the license craved to those of the castle to go
out of the country, they held the petition very suspicious,
and could not think there was a sound meaning in them that
had moved the same : yet was it not thought meet to answer
him by a simple denial at that time, but rather to keep him
in hope, and appoint a new diet for pursuing the treaty be-
gun. Thus by consent the abstinence was prorogued, and
the last of October assigned for a new meeting at Perth.

The delay grieved the regent exceedingly, and (as it was
supposed) partly for this, and partly for the crossings he
found in the pubUc affairs, he contracted a sickness, whereof
he died at Stirling the eighth of October, The adversary
faction, flattering themselves in their own conceits, made the
like construction of his death which they had made of the
other regents that preceded, saying, " That it was an evident
sign of God's displeasure with the present courses, and that
none of those who joined in the enterprise against the queen
could prosper better." But to measure God's love or hatred
by these outward accidents is folly, seeing they fall out alike
to all, both good and wicked : and for this nobleman, howso-
ever he was taken away to the country untimely, he died
happily for himself, and well reported of all. Before his
dying, he commended the care of the king's person in most
earnest manner to his lady, and to Alexander Erskine his
brother, appointing him keeper of the castle till his son should
be grown up and be of a perfect age ; and giving most wise
directions both for the one and the other, ended his days in
great quietness and in the assurance of that better life.

In the next month, John Knox, who had returned a little

180 THE HISTORY OF THE [a. D. 1572.

before to Edinburgh, departed tliis life. The reader will
pardon me if here I make a little digression, to show what a
man this was both in his life and death ; the rather because
some malicious and wicked spirits have studied by many
forged hes to deprave his fame, only out of hatred of true
religion, whereof he was a zealous promover. He was born
in Gifford within Lothian, of a mean, but honest, parentage,
and being put to school, made such profit in his studies under
that famous doctor, Mr John Major, as he was held worthy
to enter into orders before the years allowed. By reading
the ancients, especially the works of St Austin, he was
brought to the knowledge of the truth, and for the profession
thereof endured many troubles, as well in the cardinal's life
as after his death. Having happily escaped these dangers,
he went mto England, and became a preacher of the gospel,
making his chief abode in the towns of Berwick and New-
castle. In the beginning of Queen Mary's persecution he
fled in the company of some other ministers to Geneva, and
served with them in an English congregation, which was
there gathered, until the year 1559 ; at which time he was
called home by the noblemen that enterprised the Reforma-
tion, and, how soon the Church got liberty, placed minister
at Edinburgh : in this charge he continued to his last, for
the civil troubles which forced him to leave the town ceased
no sooner than he returned to the place. But his body
grown infirm, and his voice so weak as people could not hear
him, teaching in the ordinary place, he made choice of an-
other more commodious within the town, reading to his audi-
tory the history of the Passion, in which he said it was his
desire to finish and close his ministry. Thus he continued
preaching, though with much weakness, two months and
more after his return ; and knowing that he was not to remain
a long time with them, he was instant with the council of the
town to provide themselves of a worthy parson to succeed in
his place. Mr James Lawson, who at that time professed
philosophy in the college of Aberdeen, being commended for
a good preacher, commissioners were directed from the
superintendent of Lothian, the church of Edinburgh, and
Mr John Knox himself, to desire him to accept the charge.
To the letter that the commissioners carried, after he had
set his hand, he added this postscript, — Accelera, mi /rater,

A. D. 1572.] CHURCH OF SCOTLAND. 181

alioqui sero venies, — " make haste, brother, otherwise you
come too late ; " meaning that if he made any stay, he should
find him dead and gone. These last words moved Mr Lawson
to take journey the more quickly. When he was come to the
town, and had preached once or twice to the good liking of
the people, order was taken by the superintendent for his
admission, and the diet appointed, at which John Knox him-
self would be present and teach, though he could scarce walk
on foot to the chair. At no time was he heard to speak with
greater power and more content to the hearers ; and in the
end of his sermon, calling God to witness that he had walked
in a good conscience amongst them, not seeking to please
men, nor serving either his own or other men's affections, but
in all sincerity and truth preached the gospel of Christ, with
most grave and pithy words he exhorted them to stand fast
in the faith they had received ; and having conceived a
zealous prayer for the continuance of God's blessings upon
them, and the multiplying of his spirit upon the preacher
who was then to be admitted, he gave them his last farewell.
The people did convey him to his lodging, and could not be
drawn from it, so loath they wore to part with him ; and he,
the same day in the afternoon, by sickness was forced to
take bed.

During the time he lay (which was not long) he was
much visited by all sorts of persons, to whom he spake
most comfortably. Amongst others to the Earl of Morton,
that came to see him, he was heard say, " My Lord,
God hath given you many blessings, he hath given you
wisdom, riches, many good and great friends, and is now
to prefer you to the government of the realm. In his name
I charge you that you use these blessings aright, and better
in time to come nor ye have done in times past. In all your
actions seek first the glory of God, the furtherance of his
gospel, the maintenance of his Church and ministry ; and
next be careful of the king, to procure his good and the wel-
fare of the realm. If ye shall do this, God will be with you
and honour you ; if otherwise ye do it not, he shall deprive
you of all these benefits, and your end shall be shame and
ignominy." These speeches the earl nine years after, at the
time of his execution, called to mind, saying, that " he had
found them to be true, and him therein a prophet."

182 THE HISTORY OF THE [a. D. 1572.

His LAST Speech to the Ministers.

A day or two before his death he sent for Mr David
Lindsay, Mr James Lawson, and the elders and deacons of
the church, to whom he said, " the time is approaching for
which I have long thirsted, wherein I shall be relieved of all
cares, and be with my Saviour Christ for ever. And now
God is my witness, whom I have served Avith my spirit in
the gospel of his Son, that I have taught nothing but
the true and solid doctrine of the gospel, and that the
end I proponed in all my preaching was, to instruct the
ignorant, to confirm the weak, to comfort the consciences
of those who were humbled under the sense of their sins,
and bear down with the threatenings of God's judgments
such as were proud and rebellious. I am not ignorant that
many have blamed, and yet do blame, my too great rigour
and severity ; but God knows that in my heart I never
hated the persons of those against whom I thundered God's
judgments; I did only hate their sins, and laboured at my
power to gain them to Christ. That I forbear none of what-
soever condition, I did it out of the fear of my God, who had
placed me in the function of his ministry, and I knew would
bring me to an account. Now, brethren, for yourselves I
have no more to say, but to warn you that you take heed to
the flock over whom God hath placed you overseers, and
whom he hath redeemed by the blood of his only begotten
Son. And you, Mr Lawson, fight a good fight, do the work
of the Lord with courage and with a willing mind ; and God
from above bless you, and the church whereof you have the
charge. Against it, so long as it continueth in the doctrine
of truth, the gates of hell shall not prevail,"

This spoken, and the elders and deacons dimitted, he called
the two preachers unto him, and said, " there is one thing
that grieveth me exceedingly ; you have sometime seen the
courage and constancy of the laird of Grange in God's cause,
and now, unhappy man, he hath cast himself away. I will
pray you two, take the pains to go unto him, and say from
me, that unless he forsake that wicked course wherein he is
entered, neither shall that rock in which he confideth defend
him, nor the carnal wisdom of that man whom he coimteth
half a god (this was young Lethington) make him help, but
shamefully he shall be pulled out of that nest, and his carcass

A. D. 1572.] CHURCH OF SCOTLAND. 183

hang before the sun. The soul of that man is dear unto me,
and, if it be possible, I would fain have him to be saved."
They went as he had desired, and conferred a long space
with Grange, but with no persuasion could he be diverted
from his course ; which being reported he took most heavily.
The next day he gave orders for making his coffin, wherein
his body should be laid, and was that day (as through all the
time of his sickness) much in prayer, ever crying, " Come,
Lord Jesu; sweet Jesus, into thy hands I commend my
spirit." Being asked by those that attended him if his pains
were great, he answered, " that he did not esteem that a pain
which would be to him the end of all trouble, and beginning
of eternal joys." Oftentimes, after some deep meditations,
he burst forth in these words ; " O serve the Lord in fear,
and death shall not be terrible unto you. Blessed is the
death of those that have part in the death of Jesus." The
evening which was to him the last of this wretched Hfe,
having slept some hours together, but with great unquiet-
ness (for he was heard to send forth many sighs and groans),
Robert Campbell, Kinyeancleugh, and John Johnston (called
of Elphingston), which two gave diligent attendance upon him,
asked after he awaked how he did find himself, and what it
was that made him in his sleep mourn so heavily : to whom
he answered, " in my life I have often been assaulted by
Satan, and many times he hath cast in my teeth my sins, to
bring me into despair, yet God gave me to overcome all his
temptations ; and now that subtle serpent, who never ceaseth
to tempt, hath taken another course, and seeks to persuade
me that my labours in the ministry, and the fidelity I have
showed in that service, hath merited heaven and immortahty.
But blessed be God who brought to my mind these scrip-
tures, ' What hast thou, that thou hast not received V and,
' Not I, but the grace of God in me.' With which he is gone
away ashamed, and shall no more return ; and now I am
sure my battle is at an end, and that without pain of body or
trouble of spirit I shall shortly change this mortal and miser-
able life, with that happy and immortal life which shall never
have end." The prayers which ordinarily were read in
the house being ended, it was inquired if he heard them, he
answered, " would to God you had heard them with such an
ear and heart as I have done ;" adding, " Lord Jesu, receive
my spirit." After which words, without any motion of hands

184 THE HISTORY OF THE [a. D. 1572.

or feet, as one falling asleep rather than dying, he ended his
life. He was certainly a man endued with rare gifts, and a
chief instrument that God used for the work of those times.
Many good men have disliked some of his opinions, as touch-
ing the authority of princes, and the form of government
which he laboured to have established in the Church : yet
was he far from those dotages wherein some that would have
been thought his followers did afterwards fall; for never
was any man more observant of church authority than he,
always urging the obedience of ministers to their superin-
tendents, for which he caused divers acts to be made in the
Assemblies of the Church, and showed himself severe to the
transgressors. In these things howsoever it may be he was
miscarried, we must remember that the best men have their
errors, and never esteem of any man above that which is
fitting. As to the history of the Church ascribed commonly
to him, the same was not his work, but his name supposed to
gain it credit : for, besides the scurrile discourses we find in
it, more fitting a comedian on a stage than a divine or mini-
ster, such as Mr Knox was, and the spiteful malice that
author expresseth against the queen regent, speaking of one
of our martyrs, he remitteth the reader to a farther declai'a-
tion of his sufferings to the Acts and Monuments of Martyrs
set forth by Mr Fox, an Englishman, which came not to
light some ten or twelve years after Mr Knox his death. A
greater injury could not be done to the fame of that worthy
man, than to father upon him the ridiculous toys and mali-
cious detractions contained in that book. But this shall serve
for his clearing in that particular. He died the twenty-
seventh of November, in the sixty-seventh year of his age,
and had his body interred in the churchyard of St Giles.

In the end of this month the Estates convening to elect a
regent, made choice of the earl of Morton, as the man in
that time of greatest courage and counsel. The oath accus-
tomed being ministered unto him, because through the last
regent's death the meeting appointed at Perth had failed,
first, a conclusion was taken for calling a parliament at Edin-
burgh, the twenty- sixth of January ; next the custody of the
king and castle of Stirling was confirmed to Alexander
Erskine, the earl of Mar being then under age, and he en-
joined to receive none within the house that was known to be
popishly affected, or of the queen's faction ; for others, it wa&

A. D. 1572.] CHURCH OF SCOTLAND. 185

ordained, that an earl accompanied with two servants only, a
baron with one, and private persons them alone (but all un-
armed) should have access permitted, when their occasions
required. To the regent himself it was enjoined : " That if
any place or office should fall void, he should prefer none
thereto but such as was sound in religion, and for other
qualities apt and worthy. That during liis regency he should
grant no respites nor remissions for heinous crimes. That he
should not transport the king forth of the castle of Stirling,
without the advice of the council. That he should grant no
favour to the murderers of the king's father and regents.
That he should neither enter into league with foreigners nor
denounce war without the consent of the Estates. And that
he should be careful to entertain the amity contracted with
the queen of England." The Estates, on the other part, did
promise to assist him with all their power against the king's
enemies, and to join with him in the reformation of what-
soever abuses crept in by occasion of the late troubles, with-
out offending at the execution of justice upon their nearest
and dearest friends. Order was also taken for the entertain-
ing of the king's house, the settling of a resident council, and
the advancing of the revenues of the crown to the best profit.
And these were the things done in that meeting.

Soon after came Sir Henry KiUigrew, ambassador from
England, partly to declare the content which the queen had
received in the choice of the earl of Morton to be regent,
and partly to renew the abstinence which was then near the
exphing. Herein he prevailed so far with the duke and
Huntly, as they were brought not only to prorogate the
abstinence, but also to name certain noblemen who should meet
for them at Perth, with such as the regent, by advice of the
council, should nominate, for concluding a perfect peace. The
laird of Grange and those that remained with him in the
castle refusing to be comprehended in that treaty, went on
in victualling and fortifying the house ; for impeding whereof
the regent did levy some companies of soldiers to enclose the
castle ; and because the time of parliament was approaching,
he caused erect bulwarks in divers places of the street, to
secure the people at their meetings to sermon, and the judges
that convened to the ministration of justice. Grange, finding
himself thus pent up, did by a proclamation from the castle

186 THE HISTORY OF THE [a. D. 1572.

wall command all the queen's subjects to depart forth of the
town within the space of twenty-four hours.

The time expired, he made the cannon thunder upon the
town, to the great terror of the inhabitants ; yet there was
no great hurt done that way, which when he perceived, he
hired one of his soldiers to set fire in the night-time to some
houses under the wall, which destroyed a number of tene-
ments ; for a strong western wind blowing in the time, the
fire did so rage, as from St Magdalen's Chapel westward all
was consumed, none daring to put hand to quench the fire,
because of the cannon that played still on the part where
they saw any concourse of people. This made him extremely
hated, and even they that otherwise wished him well were
greatly ofi"ended with this doing.

The parliament not the less kept, and therein divers acts
were made, partly for maintaining the king's authority, partly
for preservation of true rehgion ; which causes were held in
those days so conjoined, as the enemies of the one were hke-
wise esteemed enemies to the other. Therefore was it then
enacted, " That none should bo reputed loyal and faithful
subjects to the king or his authority, but be punished as
rebels, who made not profession of the true religion. And
that all such as made profession thereof, and yet withstood
the king's authority, should be admonished by their teachers
to acknowledge their ofPence, and return to his majesty's
obedience ; and if they refused, that they should be excom-
municated, and cut off from the society of the Church, as
putrid and corrupted members."

The parliament breaking up, the regent by advice of the
council directed to the meeting at Perth, the earl of Argyle,
then created chancellor, the earl of Montrose, the abbot of
Dunfermline secretary, the Lords Ruthven, Boyd, and Sir
John Bellenden, justice-clerk. There met with them the
earl of Huntly, and Lord John Hamilton, commendator of
Aberbrothock, authorized by the rest that maintained the
queen's authority. The English ambassador assisting them,
after some days' conference they were brought to agree upon
these articles.

1. That all persons comprehended in the present pacifica-
tion should acknowledge and profess the true religion esta-

A. D. 1572.] CHURCH or SCOTLAND. 187

blislied and professed within the realm, and maintain the
preachers and professors thereof against all opposers, specially
against the confederates of the Council of Trent.

2. That the earl of Huntly and Lord John Hamilton,
with their friends and followers, should submit themselves to
the king, and to the government of the earl of Morton, his
regent, and his successors in the same, acknowledging them-
selves the king's subjects by their oaths and subscriptions.

3. That they should confess all things done by them, under
colour of any other authority, since the time of his majesty's
coronation, to have been unlawful, and of no force nor eiFect.

4. That an act of parliament should be made with all their
consents, ordaining that none of the subjects should assist,
fortify, supply, or show any favour, directly nor indirectly, to
those who should happen to practise against the religion
presently professed, the king's person, his authority, or
regent : And if they should be tried to do any thing to the
contrary, the remissions granted to them, with all other
benefits of the pacification, should be null, and they pursued
for their offences past, as if they had never obtained pardon
for the same.

5. That all persons professing his highness' obedience, who
had been dispossessed during the late troubles, should be
reponed to their houses, lands, livings, benefices, and what-
soever goods belonging to them, if so the same were extant
in the hands of the intromitters ; horses and armour only
excepted.

6. That the master of Forbes, James Glen of Barre, and
all other persons should be sot at liberty ; as likewise the
bonds given by the Lord Sempill and others for entry of
prisoners, or for payment of any ransoms, be discharged.

7. That the earl of Huntly and Lord John Hamilton
should dimit, and cause all soldiers hired or maintained by
them or any of their party to be forthwith dimitted.

8. That all processes of forfeiture which had been led,
especially the sentences given against the earl of Huntly,
Lord John Hamilton, and Lord Claud his brother, Wilham,
bishop of Aberdeen, Alexander, bishop of Galloway, Adam
Gordon of Auchindown, and the rest of their friendship, for
any crimes or offences done in the common cause against the
king and his authority since the fifteenth of June 1567, or

188 THE HISTORY OF THE [a. D. 1572.

for any other cause contained in the summons of forfeiture
raised against them, should be declared null and of no force,
without any other special declaration. And that the foresaid
persons should have liberty given them to reduce the said
forfeitures as they should please.

9. That all persons then returning or who should return
to the king's obedience, and for any crime committed in the
said common cause, since the time foresaid, had been dispos-
sessed of their lands, heritages, benefices, pensions, heritable
offices and other profits whatsoever, whether the same had
proceeded upon sentences of forfeiture or barratry, or any
other way, should be effectually restored, and rehabiliated to
their bloods and honours ; to the end they might enjoy the
same as freely as if tlie said troubles had never happened.

10. That all actions, crimes, and transgressions, committed
by them and their followers since the fifteenth of June 1567
(incest, witchcraft, and theft excepted), should be freely re-
mitted, so as the same did not extend to the murder of the
first and second regents, which are matters of such import-
ance as the regent now in place would not meddle with. And
yet in respect of the present pacification, if the same should
be moved to the queen of England by the committers thereof,
whatsoever she should advise to be done therein should be
confirmed in parliament, and the remission under the hand of
the clerk of the rolls be as sufiicient as if the same were
passed the great seal. And if any of them should crave a
pardon for other crimes committed before the said fifteenth
day, the same (upon notice given of the persons and crimes)
should be granted; the murder of the king's father, fire-
raising, theft, and the reset of theft, with incest and witch-
craft, being excepted.

11. That all civil decrees given since the said fifteenth of
June, wherewith the said persons or any of them do find
themselves grieved, should be reviewed by the ordinary
judges that pronounced the same, and the parties upon their
supplications be heard to propone any lawful defence, which
they might have used in the time of the deduction of the
process ; providing the supplications be presented and their
petitions exhibited within six months after the date of these
articles.

12. That all persons comprehended in the pacification,

A. D. 1572.] CHURCH OF SCOTLAND. 189

after publication thereof, should indifferently be received
in all parts of the realm as his majesty's good subjects ; and
that nothing done or that hath occurred during the troubles
should be esteemed a cause of deadly feud and enmity, nor
admitted as an exception either against judge, party, or
witnesses.

13. That the heirs and successors of persons forfeited, and
now departed this life, who are comprehended in this pacifi-
cation, should be restored to their lands and possessions : and
that it should be lawful for them to enter thereto by breves,
as if their fathers and predecessors had never been forfeited,
and had died at the king's peace ; specially the heirs of John,
sometime archbishop of St Andrews, Gavin, commendator
of Kilwinning, Andrew Hamilton of Cocknow, and Captain
James Cullen.

Unto these articles some other particulars were added,
which were all confirmed by the oaths and subscriptions of
the commissioners and noblemen in presence of the Enghsh
ambassador, and a time given to Grange and those of the
castle to accept or refuse the benefit of the peace. But that
none excepted in the former abstinence, nor any at that time
forth of the realm should think themselves comprehended
therein, it was declared, that the benefit of the present pacifi-
cation should not be extended to them. This was done to
exclude the archbishop of Glasgow and bishop of Ross, am-
bassadors for the Scottish queen, the one in France, and the
other in England, against whom the sentence of barratry had
been pronounced.

About this time Sir James Kirkcaldy, brother to Grange,
who had been directed to France for supply of those within
the castle, returned, bringing with him a year's rent of the
Scottish queen's dowry ; but finding the house enclosed, and
that there was no safe access thereto, he went to Blackness,
which then professed to hold for the queen. The captain
had betrayed the same, as we showed before, to the Hamil-
tons ; and now turning his coat to make his peace with the
regent, he offered to put in his hand both the man and the
money. The bargain made, the money was given to the
regent, and Kirkcaldy detained as prisoner. A few days
after, the captain going abroad to do some business, Kirk-
caldy enticeth the soldiers by great promises to join with him,

190 THE HISTORY OF THE [a. D. 1572.

and lay hands upon the captain's brother and a few gentlemen
left to attend him, which they, following their captain's en-
sample, were easily induced to do. Thus the house was pos-
sessed in Kirkcaldy's name, and he of a prisoner turned to
be chief commander. But he did not long enjoy this place^
for his wife being come thither to visit him, when she was
the next morrow to depart, desired the convoy of some
soldiers for a mile or two, fearing, as she pretended, to be
robbed by Captain Lambie, who lay with a company at
Linlithgow not far from thence ; and as he, to save her,
went forth himself to bring her on a part of the way, sus-
pecting no treachery, he was in his return intercepted by
Lambie, and carried first to Linlithgow, then to Dalkeith,
where he was kept some days, and afterwards dimitted. In
this sort did fortune sport herself with that gentleman,
changing his condition up and down three several times
within the space of a few days.

Peace now made with the chief noblemen of the queen's
faction, it was supposed that Grange and his partakers would
likewise be moved to embrace it. Whereupon the ambas-
sador, taking with him the subscribed articles, went to the
castle, and, showing how things had passed, used many per-
suasions to make them content to be comprehended therein.
But they would not, affirming the conditions to be shameful,
and so far to the prejudice of their queen, as, till they were
allowed by herself and by the French king, they should
never admit them. After the ambassador had ceased to
treat with them, the earl of Rothes and Lord Boyd travailed
to the same effect, representing the danger and inevitable
ruin they should fall into if they did not yield in time. But
they scorned these threats, thinking the strength they word
in impregnable, and looking still for some succours from
France and the duke of Alva ; or if that should fail, they
made no doubt to obtain their peace at easier conditions than
the noblemen had accepted.

The regent offended with their obstinacy, discharged all
farther dealing with them, and sent to the queen of England
for a supply of men and munition ; which was granted, and
Sir William Drury, marshal of Berwick, commanded to join
with him in besieging the castle. How soon the regent
understood that the direction was given to the marshal, the

A. D. 1572,] CHURCH OF SCOTLAND. 191

Lord Ruthven was sent to confer with him of the order that
should be kept in the service. They meeting at the church of
Lamberton in Merse, for preventing all debates that might
arise, did agree as followeth :

1. That neither the regent nor the general should, without
the advice and consent of the other, transact or make any
composition with the besieged.

2. That if it happen the house to be taken by assault, the
munition, plate, jewels, and household stuff, pertaining to
the king, with the registers and public records of the
kingdom there reserved, should be all delivered to the
regent within three days after the house was recovered,
and the rest of the spoil distributed amongst the soldiers.

3. That, so far as might be, the persons within the castle
should be reserved to the trial of law, wherein the regent
should proceed by the advice of the queen of England.

4. That the regent should provide the English forces with
victuals and all other things necessary during the siege,
as likewise assist them with a convenient power of horse
and foot.

5. That recompense should be given, at the general's sight,
to the wives and nearest friends of the English soldiers
who should happen to be killed.

6. That if any of the ordnance should break or be otherwise
spoiled, the same should be changed with other pieces of
the hke quantity within the castle.

7. That the English general should not fortify within the
ground of Scotland without the regent's advice, and the
service finished should immediately retire his forces.

8. And lastly, that for the safe return of the soldiers and
munition, (the loss which fortune of war should make
being excepted,) hostages of noblemen's sons should be
delivered to the English, and entertained in the parts most
adjacent to Scotland.

These conditions made, and the masters of Ruthven and
Sempill, John Cunningham son to the earl of Glencarne,
and Douglas of Kilspindie, being entered in Berwick as
pledges, Su* William Drury marched with his forces into
Scotland, and came to Edinbui'gh the twenty -fifth of April.

192 THE HISTORY OF THE [a. D. 1573.

The regent giving out a proclamation (wherein was showed
the care that the queen of England had taken for the peace
of the realm in times past, and the liberal succours she had
granted at the present for the expugnation of the castle,
treasonably detained and fortified by the laird of Grange)
did require and charge all good subjects to carry themselves
as became them towards the English general and his com-
pany, and not to injure them either by word or deed, except
they would be esteemed enemies to the peace, and partakers
with the traitors in their rebellious attempts.

The next day the castle was summoned, and offer made of
their lives if they should yield before the planting of the can-
non ; but the captain, instead of answer, set up on the top of
the highest tower his ensign for a token of defiance. Then the
pioneers were put to work, and begun to cast trenches, and
raise mounts for planting the artillery. The besieged made
all the hinderance they could, playing with their ordnance
upon the workmen, and killing divers ere the mounts were
brought to perfection. How soon they were erected, (being
five in all, and entitled by the names of their several com-
manders,) the artillery was planted, thirty-one pieces in
number, more and less. All things prepared, and the par-
liament finished, which the regent had called to the last of
April for ratifying the articles of pacification, the battery
began the seventeenth of May. On the twenty-fifth the
castle was made assaultable, the cannon having made great
breaches in the fore and back walls ; and the tower called
David's Tower being also demoHshed. The twenty-sixth, early
in the morning, the assault was given in two places. At the
west part, where the ascent was most difficult, the assailers
were repulsed after an obstinate fight that continued three
hours, and twenty -four persons killed. On the east "side the
Blockhouse called the Spur was taken with less resistance,
which put the defendants in fear, and made them demand a
parley. This granted, a truce was taken for the space of
two days, in which time the English general used many per-
suasions to the captain to make him render the house :
neither was he then unwilUng, so as the lives and honours of
these within might be saved ; but the regent would give no
condition, and have him simply to yield. The captain
seeing nothing but extremity, resolved to stand to his utmost

A. D. 1573.] CHURCH OF SCOTLAND. 193

defence : yet •when he came back to the house, he found
them all within divided, and the greater part so discouraged
as they refused to undergo the hazard of a second assault.
This forced him to other counsels, and so following Lething-
ton's advice, upon the twenty-ninth of May being let down
by a rope over the wall, he and Pittadrow, his constable,
did yield themselves and the house to the Enghsh general
in the name of his queen, whose discretion (misknowing the
regent) they were wiUing to abide. The general made
them to be attended to his lodging, whither all that were of
any note in the castle were brought. Thereafter they were
committed to several places, most of them transported to
Leith, and some detained in Edinburgh, till the queen of
England should signify her will concerning them. The
ladies and gentlewomen were licensed to depart, as likewise
the private soldiers, and others of meaner sort.

It was thought that the queen, in regard of the render made
to her lieutenant, would take a favourable course with them,
and save their lives ; but she gave direction to put them all
in the regent's hands to be used as he thought meet : which
when Lethington heard, either despairing of life, or not
willing to enjoy it by the mercy of an enemy, he died at
Leith so suddenly, as he was thought to have made himself
away by poison. A man he was of deep wit, great ex-
perience, and one whose counsels were held in that time for
oracles ; but variable and inconstant, turning and changing
from one faction to another, as he thought it to make for his
standing. This did greatly diminish his reputation, and
failed him at last ; which should warn all counsellors to
direct theu' courses by the lines of piety and true wisdom,
without which the most poHtic prudence will prove nothing
but folly in the end. His brother, Mr John Maitland, who
came afterwards to great honours, had his life spared, and
was imprisoned in Tantallan. George Crichton, bishop of
Dunkeld, was sent to Blackness, and the Lord Home de-
tained in the castle, which the regent gave to his brother,
George Douglas, in custody. Grange himself, with his
brother Sir James Kirkcaldy, and two goldsmiths, James
Mosman and James Cockey, were publicly hanged in the
market street of Edinburgh. Such was the end of Sir
WilHam Kirkcaldy of Grange, a man full of valour and
VOL. n. 13

194 THE HISTORY OF THE [a. D. 1573.

courage, who had sometime done good service to his country
against the French, and purchased by that means great
honour ; but seeking ambitiously to raise his fortunes, and
hearkening to perverse counsel, he broke his faith to the
regent, who had put him in trust, and thereby lost all his
former esteem, and drew upon himself these troubles wherein
he perished. His part was foul in the death of the cardinal,
and for it, when he was in his best estate, many did foredeem
that he should not escape some misfortune. Yet herein he
was happy, that at his death he expressed a great sorrow
for his sins, and departed this hfe with a constant and com-
fortable assurance of mercy at the hands of God.

By this defeat of the Castilians (so they were commonly
named) the queen's faction fell quite asunder, nor did it ever
after this time make head. The bishop of Ross (who had
followed her business as ambassador in England) being at
the same time put to liberty, and commanded to depart forth
of the kingdom, went privately to France ; for he feared
the earl of Southampton, and Lord Henry Howard, brother
to the duke of Norfolk, whom he had touched in his ex-
amination. When he came to France, to mitigate the anger
they had conceived, he pubhshed an apology for the de-
positions he had made, and whilst he lived ceased not to do
the duty of a faithful subject and servant to the queen,
soHciting both the emperor and pope, the French king and
other cathoHc princes in her behalf ; who gave many good
words, but performed nothing. So little are the promises
of strangers to be trusted, and so uncertain their help to
princes that are once fallen from their estates. At home
the regent applying himself to reform the disorders caused
by the late war, began with the borderers, who had broken
out into all sorts of riot, and committed many insolences
both on the Scottish and Enghsh side. Thither he went
himself in person, where meeting with the English wardens he
took order for redress of bypast wrongs ; and, to secure the
peace of the country, caused all the clans deliver pledges for
the keeping of good order, and made choice of the fittest and
most active persons to rule and oversee those parts. Sir James
Homeof Cowdenknows was made guardianof the east marches,
the Lord Maxwell of the west, and Sir John Carmichael of
the middle ; who, by the diligence and strict justice they

A. D. 1573.] CHURCH OF SCOTLAND. 195

observed in punishing resetters and entertainers of thieves,
reduced the country to such quietness as none was heard to
complain either of theft or robbery.

The next care he took was to order the revenues of the
crown, and recover such lands as had been alienated from it,
or in any sort usurped ; the jewels impignorated by the
queen he relieved by payment of the moneys for which they
were engaged. He caused repair all the king's houses,
especially the castle of Edinburgh, and furnished the same
with munition and other necessaries ; and by these doings
did purchase to himself both love and reverence, with the
opinion of a most wise and prudent governor.

Yet was it not long before he lost all his good opinion by
the courses he took to enrich himself. Breaking first upon
the Church, he subtly drew out of their hands the thirds
of benefices, offering more sure and ready payment to the
ministers than was made by their collectors, and promising to
make the stipend of every minister local, and payable in the
parish where he served. To induce them the more wilUngly
unto this, promise was made, that if they should find them-
selves in any sort hurt or prejudged, they should be reponed
to their right and possession whensoever they did require the
same.

But no sooner was he possessed of the thirds, than the
course he took for providing ministers was, to appoint two,
three, and four churches in some places to one minister (who
was tied to preach in them by turns), and to place in every
parish a reader, that in the minister's absence might read
prayers, who had allowed him a poor stipend of twenty or
forty pounds Scots. As to the ministers, they were put
in a much worse case for their stipends than before : for
when the superintendents did assign the same, the ministers
could come boldly unto them, and make their poor estate
known, and were sure to receive some comfort and relief at
their hands ; but now they were forced to give attendance
at court, begging their assignations and precepts for pay-
ment, or, as their necessities grew, seeking augmentation,
which seldom they obtained; or if any petty thing was
granted, the same was dearly bought with the loss both of
their time and means. The superintendents were no better
used, the means allowed to them for their service being with-

196 THE HISTORY OF THE [a. D. 1574.

holden ; and when they complained, they were answered,
that their office was no more necessary, bishops being placed
in the dioceses, and the ecclesiastical jurisdiction belonging
to them.

These things lost him the Church, which then growing
sensible of their oversight in denuding themselves of the
thirds, craved to be reponed according to promise. But
herein divers shifts were made ; and after sundry delays, it
was directly told them, that seeing the surplus of the thirds
belonged to the king, it was fitter the regent and council
should modify the stipends of ministers, than that the Church
should have the appointment or designation of a surplus.
They, not able to help themselves, did, in the next Assembly,
take order that the ministers, who were appointed to serve
more churches than one, should take the charge of that only
at which they resided, helping the rest as they might, with-
out neglect of their own charge. And because the placing of
bishops was taken for a pretext to withhold the superinten-
dents' means, the bishops were inhibited to ex;ecute any part of
the ecclesiastical jurisdiction within the bounds where the
superintendents served, Avithout their consent and approba-
tion. This crossing of one another's proceedings did set the
Church and regent so far asunder, that, whilst he continued
in office, there was no sound liking amongst them.

The discontents of the country were so great by the
Justice Aires (as they called them), that went through the
country and were exerced with much rigour, people of all
sorts being forced to compone and redeem themselves from
trouble by payment of moneys imposed. The merchants,
called in question for the transport of coin, were fined in
great sums, and warded in the castle of Blackness, till they
gave satisfaction. Nor left he any means unassayed that
served to bring in moneys to his coffers, which drew upon
him a great deal of hatred and envy.

I find at this time a motion made for compiling a body of
our law, and making a collection of such ancient statutes as
were meet to be retained in practice ; which were ordained
to be supplied out of the civil law where was any necessity,
to the end judges might know what to determine in every
case, and the subjects be foreseen of the equity and issue they
might expect of their controversies. This was entertained a

A. D. 1574.] CHURCH OF SCOTLAND. 197

while, and of good men much desired as a thing beneficial to
the country, and like to have cut off the occasion of many
pleas. But it sorted to no effect, by the subtle dealing of
those that made their gain of the corruption of law.

It happened John Ormiston (commonly called Black
Ormiston, because of his iron colour) to be apprehended and
brought to trial at the same time for the murder of the king's
father. This man was thought to be privy unto all Both-
well's doings, and a more particular discovery expected by
him of the form and manner of that murder. Yet at his
execution he did only confess that Bothwell had communi-
cated the purpose to him, and showed him the subscriptions
of the earls of Argyle, Huntly, Secretary Lethington, and
Sir James Balfour, testifying their consents to that wicked
fact. Not the less the regent, to the offence of many, did
suffer the said Balfour to enjoy the benefit of the pacification,
and passed an act thereof in open council. Whether the
subscriptions of Argyle and Huntly were counterfeit or not,
it was uncertain ; but of the other two it was easily behoved,
as being men universally hated. Argyle died in September
following, in whose place the Lord Glammis was created
chancellor.

In the same month, Adam Heriot, minister at Aberdeen,
departed this life, a man worthy to be remembered. He
was sometime a friar of the order of St Austin, and lived in
the abbey of St Andrews, an eloquent preacher, and well
seen in scholastic divinity. The queen regent coming on a
time to the city, and hearing him preach, was taken with
such an opinion of his learning and integrity, that in a
reasoning with some noblemen upon the article of real pre-
sence, she made offer to stand to Heriot's determination.
Warning of this being given, and he required to deliver his
mind upon that subject in a sermon which the queen intended
to hear, he did so prevaricate, as all that were present did
offend and depart unsatisfied. Being sharply rebuked for
this by some that loved him, he fell in a great trouble of
mind, and found no rest till he did openly renounce popery,
and join himself to those of the congregation. Afterwards,
when order was taken for the distribution of ministers
amongst the burghs, he was nominated for the city of
Aberdeen (in which there lived divers addicted to the

198 THE HISTORY OF THE [a. D. 1575.

Roman profession), as one that was learned in scholastic
divinity, and for his moderation apt to reclaim men from
their errors. Neither did he fail the hope conceived of him,
for by his diligence in teaching both in the schools and
church he did gain all that people to the profession of the
truth. Fourteen years he laboured among them, and in end
was forced by sickness to quit his charge. He died of the
apoplexy, the twenty-eighth of August, in the sixtieth year of
his age, greatly beloved of the citizens for his humane and
courteous conversation, and of the poorer sort much lamented,
to whom he was in his life very beneficial.

The next summer there fell out an accident which was like
to have caused great trouble, and divided the two kingdoms.
Sir John Forrester, warden of the English side, and Sir
John Carmichael of the Scottish, meeting in the borders at a
place called the Red Swyre, for redressing some wrongs that
had been committed, it fell out that a bill (so they used to
speak) was filed upon an Enghshman, for which Carmichael,
according to the law of the borders, required him to be de-
livered till satisfaction was made. Sir John Forrester, either
wearied with the multitude of business, or desiring to shift
the matter, answered, that enough was done that day, and at
the next meeting the complainer should have satisfaction.
Carmichael urging a present performance, they fell foul in
words, which made the companies that attended draw to their
weapons. A great tumult there was ; and at first the Scots,
being inferior in number to the English, gave back. But as
they were fleeing, they met with a company of Jedburgh men,
who were come to attend the warden. This giving them
new courage, they turned upon the English and made them
flee. The chase held the space of two miles. Sir George
Heron, warden of Tindale and Rhedesdale, with twenty -four
EngUsh, was killed; the warden himself, Francis Russell,
son to the earl of Bedford, Cuthbert CoUinwood, James
Ogle, Henry Fenwick, and many others of good note, were
taken prisoners. When the regent heard it, he was sore
displeased, knowing the queen of England would be much
offended ; whereupon he sent for the prisoners, and using
them with all courtesy, excused what was done, and per-
mitted them to return home. And the queen, indeed, at the
first report was much incensed, and thereupon sent Mr

A. D. 1575,] CHURCH OF SCOTLAND. 199

Killigrew to the regent to require the dehvery of Car-
michael, which divers of the council withstood. Yet such
was the regent's care to please the queen, as he caused him
enter into England, where he was a while detained. But
the provocation being tried to have been made by the Eng-
lish, the queen dimitted him honourably, and not without re-
wards. At his return, the regent meeting the earl of Hunt-
ington, the English commissioner, at Foulden, some two
miles from Berwick, all things were peaceably composed.

This year the duke of Chatelherault ended his life ; a
nobleman well inclined, open, plain, and without all dissimu-
lation and fraud, but too easily led by them he trusted, which
bred him much trouble ; yet, by the goodness of God, who
doth always favour the innocent and honest minded, he went
through all, and died honourably and in peace. Not long
after, his son, Lord John Hamilton, riding to Abei'brothock,
accompanied only with his ordinary train (for he held himself
secured by the pacification), was pursued by William Douglas
of Lochleven, who did lie with a number in his way, of in-
tention to kill him. As he was refreshing himself at Cupar,
he was advertised of the danger, and presently resolved to
single liimself from his company and flee to the castle of
Leuchars, deeming (as also it fell out) that they would follow
the greater company, which he directed to keep together,
and take the south of the river of Eden. Neither had they
passed far when they were invaded by a troop of horsemen,
and forced to yield themselves. The nobleman beholding
this from the other side of the river, and knowing how soon
they found themselves deceived that they would make haste
to overtake him, changed his first resolution, and fled to the
house of Dairsie, where he was received. Lochleven belayed
the house, and kept him enclosed all that night and the day
following. But being charged by a herald of arms to dis-
solve his forces, and hearing that the nobleman's friends were
gathering for his release, he departed home.

Being called before the council for his insolence, and
charged with the breach of the pacification, he alleged the
exception of the first regent's murder ; but that being found
no warrant, and he refusing to give assm'ance for keeping
peace, was committed to the castle of Edinburgh, where he
remained till surety was given.

200 THE HISTORY OF THE [a. D. 1575.

In the Church this year began the innovations to break
forth that to this day have kept it in a continual unquietness.
Mr Andrew Melvill, who was lately come from Geneva, a
man learned (chiefly in the tongues), but hot and eager upon
any thing he went about, labouring with a burning desire to
bring into this Church the presbyterial discipline of Geneva ;
and having insinuated himself into the favour of divers
preachers, he stirred up John Dury, one of the ministers of
Edinburgh, in an Assembly which was then convened, to pro-
pound a question touching the lawfulness of the episcopal
function, and the authority of chapters in their election. He
himself, as though he had not been acquainted with the mo-
tion, after he had commended the speaker's zeal, and seconded
the purpose with a long discourse of the flourishing estate of
the church of Geneva, and the opinions of Calvin and Theo-
dore Beza concerning church government, came to affirm,
" That none ought to be esteemed office-bearers in the Church
whose titles were not found in the book of God. And for
the title of bishops, albeit the same was found in Scripture,
yet was it not to be taken in the sense that the common sort
did conceive, there being no superiority allowed by Christ
amongst ministers ; He being the only Lord of his Church,
and all the rest servants in the same degree, and having the
like power." In end he said, " That the corruptions crept into
the estate of bishops were so great, as unless the same were
removed it could not go well with the Church, nor could re-
hgion be long preserved in purity."

This his discourse was applauded by many, and some
brethren set apart to reason and confer upon the question
proponed. For the one part, Mr David Lmdsay, Mr George
Hay, and Mr John Row were nominated. These three
sustained the lawfulness of episcopal function in the Church.
For the other part, Mr James Lawson, Mr John Craig, and
Mr Andrew Melvill, were choosed to impugn the same.
After divers meetings and long disceptation amongst them-
selves, they presented their opinions to the Assembly in writ-
ing as followeth : —

1. First that they did not hold it expedient to answer the
questions proponed for the present ; but if any bishop was

A. D. 1575.] CHURCH OF SCOTLAND. 201

chosen that had not qualities required by the Word of
God, he should be tried by the General Assembly.

2. That they judged the name of a bishop to be common to
all ministers that had the charge of a particular flock ; and
that by the Word of God liis chief function consisted in the
preaching of the word, the ministration of the sacraments,
and exercise of ecclesiastical discipline, with consent of his
elders.

3. That from among the ministers some one might be chosen
to oversee and visit such reasonable bounds, besides his
own flock, as the General Assembly should appoint.

4. That the minister so elected might in those bounds appoint
preachers, with the advice of the ministers of that province,
and the consent of the flock to which they should be ad-
mitted.

And fifthly, that he might suspend ministers from the exer-
cise of their ofllce upon reasonable causes, with the consent
of the ministers of the bounds.

There were present in this Assembly the archbishop of
Glasgow, the bishop of Dunkeld, Galloway, Brechin, Dun-
blane, and Isles, with the superintendents of Lothian and
Angus ; all of them interested in that business. Yet neither
were they called to the conference, nor doth it appear by
the register of those proceedings that they did so much as
open their mouths in defence of their office and caUing.
What respect soever it was that made them keep so quiet,
whether, as I have heard, that they expected those motions
should have been dashed by the regent, or otherwise that
they affected the praise of humiUty, it was no wisdom in
them to have given way to such novelties, and have suffered
the lawfulness of their vocation to be thus drawn in question.

In the next Assembly I find the same matter moved of new,
and put to voices, but with a little change of the question,
which was thus formed ; whether bishops as they were then
in Scotland had their function warranted by the word of God.
The Assembly, without giving a direct answer, after long
reasoning, did for the greatest part (so the records bear), ap-
prove the opinions presented in the last meeting, with this
addition, that the bishops should take themselves to the
service of some one church within their diocese, and conde-

202 THE HISTORY OF THE [a. D. 1575.

scend upon the particular flocks whereof they would accept
the charge.

The regent hearing how the Church had proceeded, and
taking ill the deposition of Mr James Paton, bishop of Dun-
keld, who was in the former Assembly deprived for dilapida-
tion of his benefice, sent to require of them whether they
would stand to the pohcy agreed unto at Leith ; and if not,
to desire them to settle upon some form of government at
which they would abide. The Assembly taking the advan-
tage of this proposition answered, that they were to think of
that business, and should with all diligence set down a con-
stant form of church-policy, and present the same to be
allowed by the council. To this effect they nominated Mr
Andrew Melvill, Mr Andrew Hay, Mr David Cunningham,
Mr George Hay, Mr Alexander Arbuthnot, Mr David
Lindsay, and a number more. The archbishop of Glasgow J
was named among the rest, but he, being urged to take the '
charge of a particular flock, excused himself, saying, " That
he had entered to his office according to the order taken by
the Church and Estates, and could do nothing contrary
thereto, lest he should be thought to have transgressed his
oath, and be challenged for altering a member of the Estate.
Yet that it might appear how wilhng he was to bestow the
gifts wherewith God had endued him to the good of the
Church, he should teach ordinarily at Glasgow, when he
had his residence in the city, and when he remained in the
sheriffdom of Ayr, he should do the like in any church they
would appoint ; but without astricting himself unto the same,
and prejudging in any sort the jurisdiction he had received
at his admission." This liis declaration made, he was no
more troubled with that employment.

Meanwhile the see of St Andrews falling void by the
death of Mr John Douglas, the regent did recommend to the
chapter his chaplain Mr Patrick Adamson for the place. The
chapter continuing the election till the Assembly of the
Church did convene, imparted to them the warrant they had
received : and Mr Patrick being inquired (for he was present
at the time), whether he would submit himself to trial, and
receive the office with those injunctions the Church would
prescribe, answered, that he was discharged by the regent to
accept the office otherwise than was appointed by mutual

I

A. D. 1575.] CHURCH OF SCOTLAND. 203

consent of the Church and Estate. Hereupon the chapter
was inhibited to proceed. Not the less upon a new charge
given them they convened and made choice of him ; which
did so irritate the Church, as in the next meeting they gave
commission to the superintendent of Lothian, Mr Robert
Pont, Mr James Lawson, and David Ferguson, to call him
before them, and prohibit him to exerce any part of his juris-
diction, till he should be authorized thereto by the Assembly.

A form of church policy was in the meantime drawn up
and presented to the regent by Mr David Lindsay, Mr James
Lawson, and Mr Robert Pont. In a short preface set before
it, they protested, " to wish nothing more, than as God had
made him a notable instrument in purging the realm of
popery, and settling the same in a perfect peace, that he
would also honour him with the estabUshing of a godly and
spiritual policy in the Church ; entreating his grace to receive
the articles presented, and if any of them did seem not agree-
able to reason, to vouchsafe audience to the brethren whom
they had named to attend. Not that they did account it a
work complete, to which nothing might be added, or from
which nothing might be diminished ; for, as God should
reveal farther unto them, they should be willing to help and
renew the same." The regent reading the preface, though
he did not like the pui'pose they were about, gave them a
better countenance than in former times, and named certain
of the council to confer with them, and make report of the
heads whereupon they agreed. But the conference was not
well begun, when it brake off by occasion of troubles that
arose.

The discontents in the country were great and daily in-
creasing by the regent's severe proceedings. One against
Adam Whitford of Milneton, did open the mouths of many
men against him. This gentleman was accused as one set
on by John Lord Hamilton of Aberbrothock, and Lord Claud
his brother, to have killed the regent. The suspicion did
arise of some rash and boasting speeches uttered by John
Sempill of Beltrees, out of his spleen against the regent for
an action intended against him concerning some lands be-
longing to the crown, which had been given by the queen to
Mary Livingstone, his wife, one of her maids of honour.
His words were the more taken hold of, because he was

204 THE HISTORY OF THE [a. D. 1576.

Milneton's uncle, and upon offer of the torture he was
brought to confession ; upon which also he was arraigned and
condemned to death, and the scaffold prepared for the exe-
cution, but was pardoned; which did manifest that which
before was suspected, that by underhand promise of favour
he was induced to this confession. The same means were
tried with Milneton, to have furnished evidence against these
noblemen for their forfeiture, which was the chief end of this
trial. But he, upon his uncle's confession, being put to the
torture, valuing more his honour nor his safety, endured it
with such resolution, showed both by his words and coun-
tenance, as was in all men's opinion taken for an undoubted
argument of his innocence, and the other's testimony nothing
regarded, but the regent much blamed for such rigorous pro-
ceeding against him upon a false or faint hearted man's con-
fession extorted by fear, or drawn from him by other base
respects ; wherefore he was detested of his nearest kinsmen,
as the other was honoured in all men's estimation for his
courage and constancy. Amongst other processes he had
intended for helping the revenues of the crown, one was for
the recovery of a parcel of ground which the queen had
gifted to Mary Livingstone, one of her maids. The gentle-
woman's husband, called John Sempill, made the best defence
he could, and fearing the regent's rigour, had burst forth in
some passionate speeches, avowing that if he did lose the
lands, he should lose his life also. This reported to the
regent, brought him to be suspected of some plot, for a speech
was given out that Lord John Hamilton and his brother
Lord Claud were discontented with some of the regent's
proceedings, and had instigated this gentleman, with his
nephew, Adam Whitford of Milneton, to kill him as he went
down the street towards the palace with an harquebuss. Sem-
pill, called in question for this and his other rash speeches, upon
representation of the torture confessed all, for he was a fear-
ful man and of no courage. Milneton being apprehended in
the Isle of Bute, and brought to his examination, denied that
any such motion had been made to him, and being put to the
torture, endured the same patiently, not confessing any
thing. His constancy and the resolution he showed both in
words and countenance made the other's confession not to be
credited, every one interpreting the same to have proceeded

A. D. 1576.] CHURCH OF SCOTLAND. 205

of weakness and want of courage. The gentleman's case
was much pitied, and the mouths of many opened against the
regent for using such rigour, only upon the confession of a
fearful and faint hearted man : hut the troubles we mentioned
did arise by another occasion.

In the Highlands one Allaster Dow Macallan, a notorious
thief, who had committed many robberies, was apprehended
by the earl of Athole, who minding to put him to a trial was
inhibited by the council, and charges directed against him
for exhibition of the man. The fellow being presented, after
he had stayed a while in prison, was upon Argyle's desire
set at liberty, and, falhng to his accustomed depredations,
committed divers insolencies in the bounds of Athole. The
earl, to repair this wrong done to his people, prepared to in-
vade Argyle, and he making to defend his country, all those
parts were in an uproar. This reported to the regent, a
messenger of arms was sent to discharge those convocations,
and cite them both before the council ; but they disobeyed,
and by the mediation of friends were shortly after recon-
ciled.

This trouble was no sooner pacified, than upon an injury
done by the Clandonald to the earl of Argyle, he took arms ;
and being charged to dissolve his forces, instead of obeying
he laid hands on the messenger, tore his letters in pieces, and
made him and his witnesses swear never to return into Ar-
gyle for the like business. This insolency, whereof the like
had not been seen nor heard since the regent's acceptation of
the government, incensed him mightily ; but not knowing
how to overtake him in that season (for it was done in the
beginning of Avinter), he resolved to use the course of law,
and proclaimed him rebel.

Alexander Erskine, who attended the king, having his own
discontents, and trusting to better his condition by a change
of the government, dealt secretly with the two earls, Argyle
and Athole, after he understood them to be agreed, and ad-
vised them to come, one after another, but much about one
time, and mean their case to the king, to whom he promised
they should find access. Argyle coming first complained of
the regent's extreme dealing, in that he had denounced him
rebel to his majesty, whose true and faithful servant he had
always been, and requested his majesty to assemble the

206 THE HISTORY OF THE [a. D. 1577.

nobility, and do him right according to the laws ; withal he
entreated that he might be permitted to remain with his
majesty, till the nobility should meet for trial of his complaint.
The earl of Athole came some two days after, to whom the
king did communicate Argyle's complaint, craving his advice
in the business. And he, as though he had known nothing
of the matter, answered that the nobleman's petition seemed
reasonable, and that his majesty could not take a better
course than call the nobility, and by their advice take order
for preventing the troubles that might arise by their dissen-
sions. The king, lildng the advice, commanded letters to be
written for all the noblemen in the country to meet at Stir-
ling the 10th day of March : yet the advertisement went only
(the two earls having the direction of the letters) to those
that were their own friends, and enemies to the regent.
Amongst others, the Lords Maxwell and Ogilvy were in-
vited to come ; of whom the first had been lately displaced
from his office of wardenry in the west marches, and commit-
ted in the castle of Blackness ; the other had of a long time
been confined in the city of St Andrews.

How soon the regent was advertised of Argyle and
Athole's being with the king, and that they had moved
him to call the nobility to a meeting upon a pretext of
trying Argyle's complaint, he sent the earl of Angus, the
Lord Glammis, chancellor, and the Lord Ruthven, treasurer,
with a letter and certain notes under his hand to be com-
municated to the king. In the notes, he made a particu-
lar relation of the contempt done by the earl of Argyle to
his majesty's authority, and of his practices with Athole to
disturb the common peace, desiring to know his majesty's
pleasure concerning them ; " That if his highness would allow
him to follow the course of law, he might do his duty ; if
otherwise his majesty thought fit to oversee their disobedi-
ence, that he would be pleased to disburden him of his office,
and not suffer his own name and authority to be despised in
the person of his servant : for, as he had at sundry times
made offer to dimit the regiment whensoever his majesty was
pleased to take it in his own hands, so will he now most wil-
lingly resign the same, so as a substantial course were taken
for the preservation of his highness's person, the ordering of
his majesty's house, and the dispensing of the revenues of the

A. D. 1577.] CHURCH OF SCOTLAND. 207

crown." Herewith he recommended the keeping of the
peace contracted with England, because of the danger that a
war might bring, not only to the realm, but also to his high-
ness's title and right of succession in that kingdom. And
having recounted the services done by himself from his
majesty's birth unto that present, specially his assistance at
the king's coronation, the danger whereunto he exposed him-
self and liis friends in Langside field, and at the siege of
Brechin, the legations which he had undertaken to England,
the recovery of the castle of Edinburgh, the pacification of
the realm, which, at his entry to the government, he found in
great trouble, the redeeming of the jewels and moveables
pertaining to the crown, and the restoring of the royal patri-
mony to some reasonable estate ; in regard of all these
services he craved no more but an allowance of what he had
done in his ofiice, and a discharge of his intromissions by the
Estates of parliament.

These notes being showed to the noblemen who were
about the king (for numbers were come upon the rumour of
a change that was in hand), they did all advise him to take
hold of the offer of dimission made by the regent, and accept
the government in his own person, after which he might de-
liberate upon such things as the regent had moved. Some
were of opinion that the king should write to the regent, and
require of him a dimission ; but the greater part misliking
delays, did reckon it more sure to do that which was meant
at once, and not to protract time with a communing, such as
that manner of proceeding would necessarily breed. The
king liking best the persuasions that were given him to
reign (a thing natural to princes), resolution was taken to
discharge the regent of his authority, and publish the king's
acceptation of the government.

This conclusion was the same day imparted to the regent,
who thereupon sent the laird of Whittingham to desire the
king, before any innovation was made, to reconcile those of
the nobility that were in variance with others, thinking this
way to hold off the pubhcation intended, at least for some
days. But it availed nothing, for immediately were the
chancellor and Lord Herries sent with this commission to
him in writing : " That his majesty considering the dislike
which many had of his government, and the apparent troubles

208 THE HISTORY OF THE [a. D. 1577.

to fall upon the realm, had, by the advice of the nobility, de-
termined to accept the rule in his own person ; and because
delay of time might breed some farther grudge and incon-
venience, he did therefore require him to send his declaration
in writ with all speed, for testifying his obedience and allow-
ance of what was done, and to abstain from all farther admin-
istration or exercise of the office of regency. As concerning
his desires for the surety of his majesty's person, the order-
ing of his house and revenues of the crown, with preservation
of the peace with England, and the settling of the borders
and highlands, his highness should omit nothing that lay in
his power to do for effecting the same, and therein would
follow the counsel which he and the rest of the nobiUty
should give unto him. And for the discharge of his admin-
istration, he should have all granted which with reason he
could require ; the form whereof his majesty did will him to
draw up, that he might deliberate with his council what was
fit to be done therein, assuring him that he should be well
and graciously used," With this commission they did like-
wise carry a letter written by the king himself in very
loving terms, declaring, " That because he saw no other
way to maintain concord amongst his subjects, he had ac-
cepted the government in his own hands, and that he was
confident to have the defects of his age and experience
supphed by his nobility, especially by himself, whom he
would ever love and acknowledge as his trusty cousin, most
tender to him in blood," (these be the words of the letter,)
" and one of his true and faithful counsellors."

In the meantime the king's acceptation was pubHshed at
Stirhng, and the next day, being the twelfth of March, pro-
claimed at Edinburgh, where the regent himself was assisting,
and took instruments of his dimission in the hands of two
notaries. It grieved divers of his friends that he had so
easily condescended to quit the place, which they thought
he might with good reason have kept till a parhament had
been called for that purpose. Amongst others the Lord
Boyd, who was most entire with him, and came to Edinburgh
some few hours after his dimission, did chide him bitterly,
speaking to this effect : " That he did presume too much of
his own wit, who in a matter of so great moment would not
once ask the opinion of his friends ; and that in a short time

A. D. 1577.] CIIUHCII OF SCOTLAND, 209

he should find thcit he had done unwisely to forsake the
place committed to him by the whole Estates of the kingdom
at the pleasure of his enemies, P'or it is sufficiently known,"
said he, " that the king is a child, and that these motions
have not proceeded from himself. Now when he hath as-
sumed the government, and ye left the place intrusted to
you, shall he not be governed by those that are about him,
whom you know to be your enemies ? But ye perhaps do
promise ease and safety to yourself in a private life, as if you
might descend without any danger from the place which ye
have held. Wise men have observed that between highest
and nothing there is not a mean ; and it fears me you have
wronged yourself in imagining the rest you shall never find.
If you had kept your place, they should have seen the faces
of men, and not carried things thus at their pleasure ; but
having forsaken yourself, there is nothing left to your
friends but to lament your misfortune, and God grant that
this be the worst of things." This said, he went aside, and
burst forth in tears. The regent (whom we will no more
call so) excused his doing by the instance that the king made
for his dimission, saying, that his refuse would have made a
great commotion in the realm ; yet did he perceive his error,
and in his secret thoughts, which he covered so well as he
could, blamed his own rash and precipitate yielding. But
there being no place left to resile, the next best he thought
was to secure himself and his friends, by discharge of all
things that might be laid to him or them during his ad-
ministration ; and therein he employed the earl of Angus
and the chancellor, whom he did constitute his procurators
to compear before the king, and make dimission of his office
with such solemnities as by law were requisite.

This done, the discharge was given him in most ample
form. Therein, after a general approbation of his service,
he was declared not to be accusable of any manner of crime,
of whatsoever greatness or weight without exception, that
might be alleged to have been committed by him in times
past : which declaration was ordained to be as valid and
sufficient in all respects, as if the highest crime that could or
might be imputed to any person had been specially expressed
in the same. He was also exonered of all sums of money,
rents, and profits, as well of property as casualty intromitted

VOL. II. 14

210 THE HISTORY OF THE CHURCH OF SCOTLAND, [a. D. 1577.

with by him or his factors and servants since his acceptation
of the regiment, (the jewels of the crown, the furniture of
his majesty's house, munition and artillery only excepted).
A provision was adjected, " That the present discharge
should not prejudge the king and his successors in the re-
vocation or reduction of whatsoever enfeoffments given of the
property during his highness's minority, or of whatsoever
lands, lordships, offices, or dignities, fallen in his majesty's
hands by forfeiture, recognition, bastardy, or by any other
right and pi-ivilege of the crown." In all other points
the discharge was ordained to stand firm and sure for him,
his heirs and successors, and the same never to be revoked,
or anything attempted to the contrary ; and for his greater
assurance, the same was promised to be confirmed by the
Estates of parliament in their first convention and meeting.
The noblemen and others of the Estates then present with
the king did likewise bind themselves, their heirs and suc-
cessors, to see all the foresaid points truly fulfilled, under the
pain of five hundred thousand pounds. So as nothing was
omitted which he could devise for his securing ; yet in all
this he found no assurance ; to teach men that it is not to be
had in any worldly thing, but to be sought of God alone.
All men are compelled to acknowledge so much in the end,
though often too late ; which was the case of this nobleman,
as we shall hear. But better late, as the saying is, than
never.

NOTES TO BOOK V.

NOTE I. P. 93.

THE PEST OF 1568.

[While the Regent Murray was in England, upon the mission narrated in
the text, Edinburgh was visited with a severe infliction of the plague, or " the
pest," to which our modern scourge, the cholera, is comparatively mild. I find,
among the many curious notices contained in the ancient Protocol Books of the
city of Edinburgh, that, on the 5th of October 1568, the regent, on the eve of his
departure, sent a letter to the town council desiring them to continue their ma-
gistrates, lest through the refusal, or their inexperience of persons newly chosen,
the rigorous measures adopted against " the pest " should be obstructed. This
the council obeyed under protest. Upon the 8th of April 1568, William Smyth,
and " his spous Black Meg," are cnpUally condemned for " concealing the pest
in their house." In the town council register of this year appear some very
stringent . regulations on the subject, which ought to reconcile us to the present
milder condition of the plague and its penalties. " That with all diligence
possible, sa sone as ony hous sail be infectit, the haill houshold, with thair gudds,
be despescit to the Mure, the deid buriet, and, with like diligence, the hous clenzit."
" That na maner of persoun pass to the Mure for vesiting of thair friends thair,
quhill [until] eleven hours before none, in companie with the oflB.car appoyntit
for that day, under the pane of deid." The Moor referred to in these orders is
the well-known Borough-moor, to the south-west of the city. There was a great
cauldron estabUshed there for boiling the clothes of the infected, and a few
miserable hovels erected to house them. And upon this waste the poorer class
of the sufferers were driven out, like droves of cattle, to grovel and to die. Yet
if they were supposed to have " concealed the pest " in their own dwellings, they
were hanged or drowned. Hard by the Borough -moor stood, and still stands,
the baronial castle of Merchiston, the principal seat of Sir Archibald Napier,
father of the inventor of logarithms. He and his family appear to have run no
small risk at this period. Exactly a century later, Newton was driven from
Cambridge by the plague which then ravaged England. It appears from the
Privy Council Records that Sir Archibald had incurred the displeasure of the
regency for his loyalty, and was ordered to confine himself within the burgh of
Edinburgh, or his house of Merchiston, and to compear before the council when
called for, under a penalty of two thousand pounds. This order is dated ISth
August 1568. His brother-in-law, the bishop of Orkney, of whom some account
is given in the note to Book IV., was about that time on the point of accom-
panying the Regent Murray in his mission into England, when he wrote the
following very curious letter to the laird of Merchiston, which is yet preserved
in the Napier charter-chest. It is interesting to find so familiar a record of the
state of the times in Edinburgh nearly three centuries ago, and from an histori-
cal character like the bishop of Orkney. It will be observed that the bishop
mentions as places within a mile of Edinburgh, Gray-Cruik, Tnnerleth,

212

NOTES TO BOOK V.

and Weirdie, which I take to be the places yet so well known by the names of
Craigcrook, Inverleith, and Wardie.

" Richt Honorabill Schir and Bruther, I haird, the day, the rigorous answer
and refuis that ye gat, quhairof I wes not wele apayit : Bot alwayis I pray you,
as ye arr sett amiddis betwix twa grete iucouvenientis, travell to eschew thame
baith : The ane is maist evident ; to wit, the remaining in your awin place
where ye ar ; for, be the nummer of seik folk that gais out of the toun, the muir
is abill to be ovirspred ; and it cannot be bot, throw the nearness of your place,
and the indigence of thame that are put out, thai sail continewally repair
aboutte your roume, and throw thair conversation infect sum of your servandis,
quairby thai sail precipitat yourself and your children in maist extreme danger:
And, as I se, ye hef forsene the same for the young folk, quais bluid is in maist
perrell to be infectit first, and therefoir purposis to send thame away to Men-
teith, quhair I wald wiss at God that ye war yourself, without offence of
authoritie, or of your band, sua that your houss gat na skaith. Bot yit, Schir,
thair is ane midway quhilk ye suld not omit, quhilk is, to withdra you fra that
syid of the toun to sum houss upon the north syid of the samin ; quhairof ye
may hef in borrowing, quhen ye sail hef to do ; to wit, the Gray-Cruik, Inner-
lethis self, Weirdie, or sic uther placis as ye culd chose within ane myle ; quhair-
into I wald suppois ye wald be in les danger than in Merchanstoun : And close
up your houssis, your grangis, your barnis, and all, and suffer na man cum therin,
quhill it plesit God to put ane stay to this grete plage ; and in the mein tyme
maid you to leve upon your penny, or on sic thing as comis to you out of the
Lennos or Menteith: Quhilk gif ye do not, I se ye will ruine yourself; and
howbeit I escape in this wayage, I will nevir luik for to se you again, quhilk
war some mair regrate to me than I will expreme be writing. Alwayis besekis
you, as ye luif your awin wele, the wele of your houss, and us your freindis that
wald your wele, to tak suir order in this behalf; and howbeit your evill favoraris
wald cast you away, yit ye tak better keip upon yourself, and mak not thame to
rejoce, and as your freindis to murne baith at anis : Quhilk God forbid, and for
his guidnes preserve you and your posteritie from sic skaith, and manteine you
in holie keeping for erir.

Of Edinburgh, the 21st day of September 1568, be

Your Bruther at power

" To the Richt Honarabill The Bischop of Orknay.

and our weilbelovit Bruther,
the Laird of Merchanstoun."

This laird, however, and all his children, escaped the plague. He died at a
very advanced age in 1 608, after having been for many years Master of the Mint,
or, as it was then termed in Scotland, " General of the Cunziehous." Robert
Birrell, in his contemporary diary, notes, " that upon the 10th of September 1604,
the General Maisterof the Cunziehous tuik shipping to Lundone,for the defence
of the Scottis cunzie before the counsell of England, quha defendit the same to the
uttirmost ; and the wit and knowledge of the General wes wunderit at be the
Englischmen." This event seems to have created a great sensation at the time,
and the manner in which it is noted by contemporary chroniclers implies that
scientific talent was hereditary in his illustrious son. Sir James Balfour also
records : " 10th September 1604, Napier, laird of Merchistoun, General of the
Cunziehous, went to London to treat with the English commissioners anent the
cunzie, who, to the great amazement of the English, carried his business with a
great deal of dexterity and skill ; and, having concluded the business he went
for, he returned home in December thereafter."

It was in the midst of the fearful devastation to which the bishop of Orkney
refers, in the letter above quoted, that the celebrated George Bannatyne col-

NOTES TO BOOK V. 213

lected the poetry of Scotland. His patriotic industry has obtained a grateful
commemoration, and illustrious monument, from the institution of the " Banna-
tyne Club," and the compilation of his memoirs, by its first President, Sir
Walter Scott. I have seen a curious pamphlet entitled, " Ane breve descrip-
tioun of the Pest, quairin the causis, signis, and sum speciall preservatioun and
cure thairof are contenit, set furth be Maister Gilbert Skeyne, Doctour in Medi-
cine, imprentit at Edinburgh be Robert Lekpreck, 1568." The doctor strongly
advises to take " conseill " of " well lernit phisicians, for," says he, " in this pes-
tilenciall diseis everie ain is mair blind nor the moudeuart in sic thingis as con-
cernis thair awin helth ; and besyde that, everie ane is becum sa detestable to
uther (quhilk is to be lameutit), and specialle the pure in sight of the riche, as
gif they var not equall with tham twichand thair creatioun, but rather without
saule or spirite, as beistis degenerate fra mankynd."

It is to be feared that the very melancholy picture of the times, afforded by
this worthy physician, is but too true.— E.]

NOTE 11. P. 158.

THE KING AND QUEEN'S WARS.-SIR WILLIAM KIRKCALDY
OF GRANGE.— SIEGES OF MERCHISTON CASTLE.

[Spottiswoode is curiously and amply confirmed in this melancholy passage by
all the quaint contemporary chroniclers of the period. At the time of the king
and queen's wars, during the latter half of the sixteenth century, there were
many fine old residences of the Scottish lairds or lesser barons, in the neighbour-
hood of the capital, which were turned into garrisons, or otherwise dilapidated
and ruined. Some of these were the seats of learning, and one at least of science;
and their owners, as our author remarks, entirely disposed to peace and quiet-
ness. Yet nothing could save them, or their houses, from the prevailing storms.
Indeed the quiet men generally suffered most ; for they were alternately sus-
pected and annoyed by either party. During these turmoils, the English
ambassador. Sir William Drury, went a progress through Scotland, to inspect
the strongholds of the king's party ; and in pursuance of his ad^ce, the Regent
Mar, whose humane and gentle dispositions soon sank under the policy he was
constrained to pursue, endeavoured to reduce the town of Edinburgh to absolute
famine. With this view, says the Pollock manuscript, " the regent and the
king's favouraris, stvffit (garrisoned) the houssis of Craigmillar, Merchingstoun,
Sclatfurd, Reidhall, Corstorphine, and the college thairof, and the abbey, with
all places about the town of Edinburgh." And also " all inhabtouris within
two myles to Edinburgh wer constranit to leave thair houssis and landis, to that
effect Edinburgh sould have na furneissing ; and damnit poor men and women
to the deid, for inbringing of victuallis to Edinburgh." Other parts of Scotland
suffered the same infliction. After the battle of Langside, the privy-council of
the regent issued letters charging certain barons to yield up their strongholds
to the bearers of the letters, " to be kepit be thame, and to devoid and red thame-
sellis, thair servandis and gudis, furth of the samyn, within sex houris, under
pains of treason;" and this because the owners were queen's men; "that is to
say, Andro Hamiltoun of Cochno, the tour and fortalice of Cochno ;" and, after
many others named, " James Streueling of Keir, the house and fortalice of Keir:
the said James Streueling of Keir, the tour and fortalice of Cadder." These
places are still in possession of the families of_ Hamilton and Stirling respec-
tively. At this very time the eldest son of Sir Archibald Napier of Merchiston,
who became so distinguished in science, was married to the daughter of Sir
James Stirling of Keir and Cadder ; and as the family mansions of both the

214 NOTES TO BOOK V.

bride and bridegroom were then continually in a state of siege, it is difficult to
conceiye where such a ceremony as a family wedding could come off. Yet,
although the king and queen's wars visited every roof-tree in the richest districts
of Scotland, the families intermarried and begot sons and daughters as usual.
It is more surprising, that, amidst all this turmoil, in which he was no passive
spectator, John Napier pursued and brought to perfection those mathematical
studies which, at the commencement of the following century, bestowed so great
a boon upon the world, and earned for his country so proud a place in the annals
of science.

And here we must notice what seems to be a very extraordinary mistake,—
with regard to the social condition of Scotland at a period even later than that
under consideration,— committed by Mr Macaulay in his recent History of Eng-
land. He is speaking of the more modern era, when the union of the crowns had
placed the resources of three kingdoms at the command of one monarch ; and he
contrasts the conditions, intellectual and social, of Scotland and Ireland. " In
mental cultivation," says Mr Macaulay, " Scotland had an indisputable superi-
ority. Though that kingdom was then the poorest in Christendom, it already vied
in every branch of learning with the most favoured countries. Scotsmen, whose
dwellings and irhose food were as wretched as those of the Icelanders of our time,
wrote Latin verse with more than the delicacy of Vida, and made discoveries in
science which would have added to the renown of Galileo." (Macaulay's Hist,
vol. i. p. 65\.

Such has been the progress of improvement throughout the world, that we
scarcely know if " the Icelanders of our time " are equally suggestive of whale-
ribs for roof-trees, and blubber for food, as the Icelander " of auld." Poetry
formerly flourished very much in Iceland ; and Egil Skallagrimson, Kormack
Ormundson, Glum Geirson, and Thorlief larlaa, were celebrated as poets, —
whether equal to Vida we cannot say. But who were these " Scotsmen " that
lived like savages, and at the same time wrote with the pens of immortality, at
the commencement of the reign of James the Sixth in England ? Mr Macaulay
proceeds to tell us, " Ireland could boast of no Buchanan or Napier."

Somevehat poor, no doubt, was Scotland then, — not over-rich now. Many a
hovel among the retainers, and many a rough and Runic board among the barons,
bore witness to the slow march of improvement and civilisation there. But those
who trust to the brilliant generalizations of this popular and lively historian,
and suppose that they have here the true characteristics of an age and country
compressed into a pointed sentence, will be misled. Whoso treats such gener-
alizations as oracular truths, and attempts to elongate them, like the precious
web from the fairy's nutshell, or to explore the depths and sources of these spark-
ling productions,will find that they have but killed the bird that laid the golden egg.
Buchanan (whom, however, we must leave with his rival Vida) might have dated
his poetry from a palace ; and many were the regal tit-bits, the savoury crumbs
of pasties and preserves, the savoy -amber, the pistache-amber, and the fennell,
that adhered to the liquorish beard of the royal dominie. Napier, on the other
hand, inhabited a stately castle of his own, which had stood innumerable sieges,
which is standing and inhabited to this hour ; and the only Icelandish parts of
the structure are the modern additions. It is to the father of Napier, that the
bishop of Orkney addresses the letter on the subject of the plague of 1568, as
given in the previous note. He there speaks of the outhouses, the granges, and
the barns, which formed the outworks ofthecastleofMerchiston, all indicative of
a great and substantial dwelling. Moreover, he recommends a temporary re-
treat to the places of Gray-cruik, Inuerleth, and Weirdie, as a choice of friendly
residences less infected with the prevailing epidemic. The laird's children had
been sent, for salubrious air, to the Lennox and Menteith, where Napier pos-
sessed more than one family mansion very far removed from the condition of an
Icelandish cave. We take the instance which the historian quotes. He says.

NOTES TO BOOK V. 215

unequivocally, that the " Scotsmen," who, such as Napier, raised their country
in science to a comparison with that of Galileo, were the same " whose dwell-
ings and whose food were as wretched as those of the Icelanders of our time."
The historian's proposition is lame in both of its limbs. Napier is a solitary in-
stance of science in Scotland. He was a century and more before his time there.
He is no characteristic of the intellectual condition of Scotland of his day. In
regard to that, he is a rose in the wilderness,— a spring in the desert. On the
other hand, neither in dwelling nor in feeding were his habits Icelandish. He
dwelt within walls, wherein he could be married, and put to bed, while his
cousin, Kirkcaldy of Grange, was battering them with great guns from the
castle. He and his father were great store-farmers, as well as deeply versant in
science. They had their beeves and their oxen ; and their voluminous beards
grew out of the best of beef and mutton. The lower classes, no doubt, were
poorly lodged and fed. Many are so still. But that is not what the historian
says or means. Let him look at the catalogue of family dwellings that were
" stuffit" i. e. garrisoned by one or other of the contending parties, during the
king and queen's wars. Not to mention the great places of the higher nobility,
were the houses of Merchiston, Braid, Craigmillar, Barnbougall, Keir, Cadder,
Cochno,Gray-Cruik, Weirdie, Innerleth, Grange, Ediubellie, Gartness, Nydrie-
Seytoun, Slateford, Reidhall, Corstorphine, Wrychtishoussis, Dundas, and scores
of others, all " dwellings of Scotsmen" long prior to the period to which Mr
Macaulay refers,— were these like caves of the savage Icelander, only rich in
the ribs of whales, and redolent of blubber ?

Two notable examples of " quiet men," whose high characters and means
and substance would have made them very acceptable to either faction, was
Sir Archibald Napier and his immediate neighbour in the Lothians, Fairley of
Braid. Like Merchiston, the laird of Braid was a stanch friend to the Refor-
mation, but not one of those of the church militant who were leagued witii
factious and grasping violence. Richard Banuatyue, the secretary of John
Knox, in his journal of the period, affords an anecdote which well illustrates
Spottiswoode's account of the turmoil and distress which these unhappy wars
brought upon the most peaceably disposed families. Upon Friday, the •25th of
May 1571, Fairley of Braid was sitting quietly at supper, his own miller bearing
him company (and Mr Macaulay may be assured that the board savoured not
of Iceland), when a dozen soldiers attacked the miller's house. This last rushed
from his supper with the laird to the rescue, but was overpowered by the
soldiers, who dragged him back to the gate of Braid, and there insulted the
laird himself with vociferous and contumelious speeches. They bade him come
out to Captain Melville, or they would " burn the house about his luggis." The
laird " being a guyet man," told them to depart ; and that if Captain I^Ielville
had wanted him, he would not have sent such messengers. But immediately,
seeing his miller ill used, this quiet laird sallied out with a huge two-handed
Bword, followed by a few domestics, and lustily laid about him among the
soldiers. His escape was miraculous. Their " hagbutteris," some of them
loaded with three bullets, were repeatedly discharged at the laird of Braid
without effect. Meanwhile he had struck one of the soldiers to the ground with
the flat of his two-handed sword, and immediately made him his prisoner ; but
upon the body of this unfortunate soldier the bullets intended for Braid took
deadly effect. The soldiers then fled to Edinburgh, and alarmed their captain
with the report that this quiet laird was marshalling a powerful array of men-
at-arms. " So the alarm struck, and all come furth to the querrell-holes ; bot
hearing the truth, were staid by the lait-d of Merchiston, who shaw Captane
Melving that there were uther men cuming from Dalkeyth for the lardis relief,
as that they did with speid."

This " Captane Melving " was one of eight sons of Helen Napier of Merchis-

216 NOTES TO BOOK V.

ton (aunt to the above mentioned laird) and Sir John Melville of Raith, who
were all devoted to Queen Mary. He was consequently the cousin-german of
Sir Archibald Napier. Very shortly after the above incident, Melville was
blown into the air by the igniting of a barrel of gunpowder, which he was in the
act of dealing out to his soldiers on Craigmillar Hill. There was great lamen-
tation by the queen's party for his death. All the nobility of his friends followed
him to the grave, over which his nephew, the renowned and no less unfortunate
Kirkcaldy of Grange, pronounced a funeral oration to his soldiers. His brother,
David Melville, was placed in his command. He is not mentioned in the peer-
age (Leven and Melville), but these facts may be gathered from a comparison
of the contemporary iournals of Bannatyne, Sir James Melville, and the Pol-
lock MS.

The castle of Edinburgh was then in possession of Sir William Kirkcaldy of
Grange, whose character and sad fate are recorded by Spottiswoode {supra, p. 193).
He too was a near relative of Merchiston's, his mother being the daughter of
Helen Napier and Sir John Melville. Grange had participated in the murder
of Cardinal Beaton, the only stain upon a shield which dazzled even the chivalry
of France with the valour of a Scottish knight. An exile for that crime, he
served in the wars of the Low Countries, about the year 1553, under Henry II.
and the high constable Montmorency. His nephew, James Melville, was then
the favourite secretary of the constable, and at his side in battle. Melville
narrates that his illustrious master, one not likely to be astonished by deeds of
arms, or to waive his dignity, uncovered when he addressed Grange ; and
Henry II., who took the proud style of " Protector of the liberties of Germany
and its captive princes," and while victorious over Charles V., pointed to this
young Scotsman, in the presence and hearing of his uncle, James Melville, with
these memorable words : " Yonder is one of the most valiant men of our time."

Sir James Melville also says, that Henry II. commonly chose Grange on his
side at their sports, " and because he schot faire with a gret schaft at the buttis,
the king wold have him to schut twa arrowes, ane for his pleasour ; and the
gret constable of France wold not speak with him oncoverit : he was humble,
gentill, and meak lyk a lamb in the house ; but lyk alyon in the feildis ; a lusty,
stark, and weill proportionate personage, hardy and of magnanyme courage,"
(p. 257). Such was he upon whom these miserable king and queen's wars in his
own country brought the fate of the meanest felon. Having escaped the gibbet
for a deed of his youth which richly merited such a fate, he was doomed to that
ignominious death, after a career in arms that rivalled the chivalry of Europe,
for fidelity to his trust, and devotion to his queen. In vain Drury himself
pledged his honour for the life of Grange. In vain did a hundred of his kin
offer suit and service to Morton, and a pension of three thousand merks, if he
would spare the hero. He was ruthlessly executed, along with his brother Sir
James, under the walls of the castle which he had so long kept, and so gallantly
defended against the power of Elizabeth. "VS'ith Sir William Kirkcaldy of Grange
fell the last hopes that enlivened the captivity of Mary. (See Memoirs of Na-
pier of Merchiston, p. 78-138.)

In the year before this sad catastrophe, Sir Archibald Napier of Merchiston
was placed under the custody of his cousin Grange, in the castle of Edinburgh.
The Pollock MS. states, that upon the 18th of July 1571, " Naper of Merching-
stone, knycht, was tane and brocht to Edinburgh Castell be the laird of Mynto
and his company." This was not that he was a king's man, but because he was
a " quiet man," and his castle of Merchiston the most important strength in the
neighbourhood of Edinburgh, and was held per force for the king's faction
against the queen's faction in the castle. It formed the key of the south ap-
proach to the city, which the former faction was endeavouring to reduce to famine.
An old manuscript history, preserved in the Advocates' Library, and which is
entitled, Ecclesice Scoticana Historia per Archibaldum Symsonum, &c., after

NOTES TO BOOK V. 217

narrating the death of Lennox, and the appointment of Mar in 1571, adds, that
Sir William Kirkcaldy bombarded tlie house of Merchiston with iron balls
from the great guns, because certain soldiers, hirelings of the king's party,
occupied it, and intercepted the provisions coming to the castle and town.
The words are : Gidielmus Kirkaldy arcis prafectus, tormento majori terreis
globulis domiim Merchistoniam oppugnat, propterea quod conductilii milites
a Regis partibus ibi residentes, viatica, iinde arx et oppidani alantur, in-
tercludant. Thus it appears that Grange entertained his cousin Sir Archibald,
when under his custody, with the agreeable pastime of battering the family for-
talice. By this time Merchiston's first wife, the sister of the bishop of Orkney,
and mother of the great Napier, was dead, and the laird was again married
to a daughter of Mowbray of Barnbougle,— now named Dalmeny Park, and
the property of the earl of Rosebery. During the period when fire and sword
and iron bullets were incessantly visiting the impregnable walls of Merchiston,
the paternal mansion of Lady Napier was undergoing a similar fate. At the
commencement of the year 1572, the laird of Dundas was entertaining, at his
castle in the neighbourhood of Barnbougle, Sir Richard Maitland of Lething-
ton and his lady. Notwithstanding the presence of so stanch a queen's man
as " auld Maitland," that faction had determined to take the castle of Dundas,
at the suggestion of Grange. Robert Mowbray, Lady Napier's eldest brother,
undertook the adventure. He obtained from Edinburgh thirty mounted soldiers,
whom he concealed under an embankment near the iron gate of Dundas. Two
men, disguised in ragged garments, with pistols under them, lurked close to the
gate, while Mowbray and a comrade, also disguised and armed, stationed them-
selves in the village of Dundas hard by. It chanced, however, that the laird of
Dundas's servant, one David Ramsay, going '• to get a morning drink," entered
the very house, and detected the adventurers. Starting off to give the alarm,
he was pursued by Mowbray and his companion, who fired their pistols at him
without efiect. Thus the enterprise failed, and Sir John Mowbray, in conse-
quence of this escapade of his son, was summoned before the regent and council,
confined in prison for some days, and only released upon finding security that
he would not sufi'er " the rebellis," i. e. the queen's party, to occupy his castle
of Barnbougle. Immediately afterwards, however, the regent turned Barn-
bougle into a garrison for the king, and again committed the laird to confine-
ment in the town of Ayr.

Upon the 5th of May 1572, the queen's troops issued from the town to besiege
Merchiston. After a desperate struggle they made themselves masters of the
outworks, and finally of the castle, with the exception of its " donjon keep," to
which the regent's garrison had retreated, as a place impregnable. The
besiegers followed up their advantage with the most detei-mined ferocity. They
set fire to the outhouses, " thinking to have smokit the men of the dungeon out."
But the king's party in Leith, well aware of the importance of the fortalice,
marched in great force to raise the siege. The guns of Edinburgh Castle com-
menced to play upon these new assailants, and fired more than forty shots to
cover the besiegers, who were commanded by one Captain Scougall. But
nothing could resist the charge of tlie laird of Blairwhain, who drove the queen's
cavalry back into the town, his own horse being shot under him. Captain
Scougall was mortally wounded. Among the incidents of this hot afiair, " aiie
cannon bullet diugis the revell, the spurre, and the heill of the sock and hose,
off ane of the horseaien's leggis, without stirring the hyde."

Upon the 10th of June following, another desperate attempt was made to
win the castle of ilerchiston from the king's men. This attack was led on
by the earl of Hur.tly. The assailants battered the tower with cannon, while
their cavalry, scouring the fields to the south, betwixt the fortalice and the
hills of Braid, brought in forty head of sheep and cattle. Mr Macaulay may
be assured that the Scotsmen, who rivalled Vida and Galileo, had no lack of

218 NOTES TO BOOK V,

strong dwellings and good food. The difficulty was to be able to dwell in them,
or to arrange the dinner hour. This siege commenced at two o'clock in the
afternoon, and the cannon played upon the tower until four o'clock, and " maid
greit slappis in the wall." But an accidental diversion turned the day, after
some slaughter on both sides, in favour of the garrison in Merchiston. Upon
this occasion the earl of Huntly's horse was killed under him.

A conflict yet more bloody occurred at Merchiston on the last day of the same
month. A party of twenty-four mounted soldiers had been sent to forage for
the town, which was nearly reduced to famine. The well stocked fields in the
neighbourhood of Merchiston were the constant scene of enterprise ; and upon
this occasion the foragers collected many oxen, besides other spoil, which they
were driving triumphantly into' the town. They were pursued, however, by
Patrick Home of the Heucht, who commanded the regent's light horsemen.
The foraging party, whom hunger rendered desperate, contrived to keep their
pursuers, amounting to four score, at bay, until they were passing the gate of
Merchiston, when the garrison issued forth, and drove back the cattle. The
Edinburgh horsemen instantly dismounted, suifered their horses to go loose, and
" faucht creuallie." A strong body of infantry quitted the town, to support this
brave little band, and turned the fight in their favour. All the loss fell upon the
king's men. Home of the Heucht, their leader, Patrick Home of Polwarth, be-
sides four other gentlemen, were killed. Of the queen's men a few were wounded,
and only one foot-soldier lost his life, who was killed by a shot from the battle-
ments of Merchiston.

Shortly afterwards occurred a truce. The French and English ambassadors
used some exertions to put an end to the savage and unnatural warfare, which
desolated the heart of Scotland, and tlireatened Edinburgh with absolute de-
struction, from the number of houses that were daily pulled to pieces for fire-
wood. Their influence, cordially aided by the good earl of Mar, brought about
a cessation of hostilities for two months, from the 1st of August 1572, which
was signed by each party, at Leith and Edinburgh, on the last day of July of
that year.

Such were the king and queen's wars ; and amid these storms in and around
his paternal abodes, and under these auspices, John Napier invented and calcu-
lated the Logarithms. — E.]

HISTORY

CHURCH OF SCOTLAND.

THE SIXTH BOOK.

THE CONTENTS.

THE THINGS THAT HAPPENED AFTER HIS MAJESTY's ASSUMING OF THE
GOVERNMENT IN HIS OWN PERSON, UNTO HIS HAPPY SUCCESSION TO
THE CROWN OF ENGLAND.

HE king was not yet twelve years complete,
when in the manner ye have heard they
moved him to assume the government; yet
did he show more judgment in his very be-
ginning than could be expected from one of
his years. The earl of Morton's enemies, not satisfied with
his displacing, were still casting how to bring him into the
king's dislike. And first showing that there was a necessity
of the king's residing at Edinburgh, where was the place of
justice, they desired he should be charged to render the
castle. Then informing that he had amassed a great treasure
in the time of his regiment, they moved the king to require
of him some moneys for supporting the charges whereunto
he would be put at his first entry. They did farther talk of
the mint-house, and the commodity he reaped thereby. And,

220 THE HISTORY OF THE [a. D. 1577.

to denude him of all power, they desired the state of the
borders to be looked unto, and the office of lieutenandry,
which the earl of Angus his nephew had in those parts, dis-
charged. To one or other of these they conceived he should
be unwilling, and so they should find some matter against
him.

But the king, refusing to use him with charges, took a
more moderate course, and sent the chancellor and treasurer
to feel his mind in those things. He lay then at Dalkeith,
and having heard their propositions, howbeit he knew those
motions did proceed from his adversaries, and was not ig-
norant what they intended, he answered calmly, " That the
jewels and moveables appertaining to the crown being re-
ceived of his hand, and he and his deputies discharged, the
castle should be rendered most willingly. But for the advanc-
ing of moneys he excused himself, saying, that it was not
unknown how he had received his office in a time full of
trouble, and when the country was embroiled in a civil war,
the burden whereof he sustained upon his private charge ;
and that since the troubles ceased, he had paid a great many
debts, repaired his majesty's houses and castles, and put them
in a better case than for many years before they had been :
that the entertainment of his majesty's house, and maintain-
ing of his own, as regent, was a matter of no small charge,
which the ordinary revenues of the crown would hardly do ;
yet when his majesty should be of perfect age, and his hon-
ourable occasions did require it, he should not be wanting
according to his ability, and bestow all his means for his
majesty's honour. Concerning the mint-house he said, that
he had kept it in the best order he could, and having now no
more charge of it, he wished the king to do therewith as he
thought best. For the affairs of the border, tliat he had
moved the earl of Angus to undertake that service for the
quietness of the country ; but seeing he had no lands in those
quarters, and that the offices of wardenry might suffice to
hold those pai-ts in order, he would advise the king to dispose
them to the most sufficient that could be found.

The noblemen returning with these answers, the king did
rest well satisfied. But a pitiful accident that fell out in the
time gave an hinderance to these businesses. The chancellor
going to the castle to make his report to the king, as he re-

A. D. 1578.] CHURCH OF SCOTLAND. 221

turned to his lodging did encounter the earl of Crawford in
the street called commonly the Schoolhouse Wynd. There
had been an old grudge betwixt the two families, whereupon
the noblemen passed by other without salutations. The
street being narrow, and the companies of each side great,
when they were almost parted, two base fellows fell a
struggling for the way, and by thrusting one at another
raised a tumult, in the very beginning whereof the chancellor
was killed with the shot of a pistol. It was certainly known
that the noblemen did purpose no harm to others ; for Craw-
ford did call to his followers to give way to the chancellor,
as he on the other side called to give way to the earl of
Crawford ; yet by this unhappy accident were the old dis-
sensions that had long slept revived, and a fresh enmity
raised, which turned to the great hurt of both. The death
of the chancellor was much lamented, falling out in the time
when the king and country stood in most need of his service.
He had carried himself with much commendation in his place,
and acquired great authority. Most careful was he to have
peace conserved both in the country and church, and laboured
much to have the question of church policy settled ; upon
which subject he interchanged divers letters with Theodore
Beza. Some have blamed him of too great curiosity in that
matter, but his intention certainly was pious and commendable.

Upon his death the earl of Athole was preferred to be
chancellor, at which the church did mightily offend : as like-
wise with the admission of the earls of Caithness and Eglin-
ton, with the Lord Ogilvy, upon the council, who were all
thought to be popishly inclined. This being meaned to the
king, was in some sort satisfied by their promises and sub-
scriptions to the articles of religion ; yet the suspicions of
their unsoundness still continued. And now began they who
longed for the change of Morton's government to repent the
alteration that was made ; for howsoever he did not favour
the novations in church policy urged by some ministers, he
kept a severe hand over papists, permitting none to enjoy
any pubhc office who was not sincerely affected to the truth.

The first of April the castle of Edinburgh was delivered
to the Lords Ruthven and Lindsay, who were appointed by
the king to receive the house, and a discharge given to the
earl of Morton of the jewels, munition, and moveables within

222 THE HISTORY OF THE [a. D. 1578.

the same. And the same day John Seaton of Touch, and
John Cunningham of Drumwhasslll, received the keys in
name of Alexander Erskine, uncle to the earl of Mar, upon
a warrant directed to them for that effect. The earl of Mor-
ton resolving to live private, and to have no more meddling
in public affairs, retired to Lochleven, where he stayed not
long, being recalled to court by this occasion. The friends
of the house of Mar, of whom the principals were the abbots
of Dryburgh and Cambuskenneth, out of some jealousy they
conceived of Alexander Erskine his courses, and a fear that
the young nobleman, who was then grown to some years,
might be prejudged of his right in keeping the castle, prac-
tised secretly to exclude him, and entering one morning with
a number of their followers, seized upon the keeper of the
gate, took the keys from him by force, and putting him and
his men forth, placed others in their rooms, whom they caused
swear fidelity to the earl of Mar,

How soon the council (which then remained at Edinburgh)
was advertised of this change, they prepared to go to Stir-
ling, and for their greater security were furnished with some
companies of men by the town of Edinburgh ; but by letters
from the king they were stayed. In these letters the king
showed that it was a private dissension only that had hap-
pened betwixt the friends of the house of Mar, which he
would have peaceably composed, and therefore desired them
to come unto him after a day or two in quiet and sober man-
ner, and assist the reconcilement. They obeyed, and com-
ing to Stirling, in a frequent council, kept the third of May,
the controversy was in these terms composed : That the earl
of Mar being now come to a reasonable age, he should attend
the king's person, and have the custody of the castle of Stir-
hng ; and that the master, his uncle, should remain captain of
the castle of Edinburgh, and, when he came to court, have his
table kept as before, and enjoy the place of a gentleman of
his majesty's chamber. The conditions prescribed to the
earl of Mar were : That he should guard the castle, attend
the king's person therein, and not remove him to any place
whatsoever without the knowledge and consent of the council :
That he should not receive any within the house whom he
knew not to be well affected to the king, admitting an earl
with two only in train, a lord with one, and gentlemen

A. D. 1578.] CHURCH OF SCOTLAND. 223

single : That Mr George Buchanan and Mr Peter Young
should continue his instructors, and no others be admitted
without the council's consent, nor any religious exercise kept
within the castle but that which the parliament had approved.
For the observing of these articles, the earls of Athole,
Angus, Argyle, and Montrose, with the Lords Ruthven and
Lindsay, became sureties. For the master his uncle, and his
fidelity in keeping the castle of Edinburgh, with the jewels,
munition, and other moveables, the earls of Athole, Argyle,
Montrose, and the Lord Ruthven gave their bond and obli-
gation. Some days after this broil, the captain, his eldest
son (called Alexander), a youth of great hopes, departed this
life, as it was thought of a grief he conceived for the indig-
nity done to his father.

. This agreement being made, and the lords being then to
return to Edinburgh, the king did signify unto them, that,
because the parliament was indicted to the tenth of July, he
would, before that time, call a number of every estate to-
gether for the preparing of matters ; and that, all emulations
laid aside, they might concur and join their counsels for the
public good of the realm. The diet for this meeting ho ap-
pointed at Stirling the tenth of June. The convention at the
time was frequent ; of the clergy, eight bishops and as many
abbots were present ; of the nobility, nine earls and eleven
lords, and divers commissioners of burghs. The earl of
Morton, at the king's earnest entreaty, came also thither, and
at his coming was admitted upon the council, having the pre-
cedency allowed him, with the consent of the rest, because of
the regency he had a long time sustained.

In the first meeting the king, after he had given thanks to
the whole number for the readiness they had showed to con-
vene in that place, proponed two things. One was touching
the parhament and the place where it should hold ; the other
concerned an ambassage which he intended to send into Eng-
land. For the parliament, he said that he longed to see
a meeting of the Estates, and would have the time to which
it was called precisely observed, wishing them all to address
themselves thereto in time, and to come in a peaceable man-
ner, as men disposed to do good, and seeking the common
profit of their country. And for the place, seeing his own
presence was necessary, and that he could not conveniently

224 THE HISTORY OF THE [a. D. 1578.

remove from Stirling, he desired the parliament to be fenced
at Edinburgh at the day appointed, and then prorogated some
four or five days, and brought to Stirling. For the ambas-
sage, he gave divers reasons. First, that liaviYig assumed the
government in his own hands, he was bound in courtesy to
visit the queen of England, and give her thanks for the kind-
ness he had received of her in his minority. Next, that the
disorder lately fallen out in the borders (for about that time
some borderers had entered into England and committed
great robberies), laid a necessity upon him to clear the coun-
try of that fact, and make offer of redress. Thirdly, that he
had a private business Avhich touched him nearly, his grand-
mother, the Lady Lennox, being newly deceased, and he
being her only heir, it concerned him, he said, to inquire
what her last will was, and to see that no prejudice was done
to him in his succession to the lands she possessed in England.
Lastly, if they did think meet (but this he remitted to
their wisdoms), he showed that he could hke well to have a
motion made of a more strict league betwixt the two realms
during the queen's life and his.

It grieved the ordinary counsellors much that the place of
parliament should be changed, who therefore laboured to dis-
suade the king from it ; but perceiving him resolved that way,
they gave their consents, though most unwillingly. When
they came to speak of the ambassage to England, they ac-
knowledged the necessity thereof; but took exception at the
league, pretending the ancient league with France. It was
replied. That the case of things was much altered from that
in former times ; that England and Scotland had now the
same enemies because of their common profession, so as, for
their own safety, it was needful they should join together in
strict friendship ; and that the league with England might be
so contracted as the old amity with France should remain in-
violate. The king farther declared, that he did not mean to
give power to his ambassador for concluding a league, where-
in he would do nothing rashly, nor without the advice of the
Estates -, only he desired the same should be moved, and
upon the report of the queen's liking thereof, that the con-
ditions of the league should be well and gravely advised.
After long reasoning, the matter being put into voices, it was
by plurality agreed, that the same should be made one of the

A. D. 1578.] CHURCH OF SCOTLAND. 225

ambassador's instructions ; against which the earls of Argyle,
Montrose, and Caithness, the Lords Lindsay and Inuermaitli,
with the commendatory of Deir, took pubhc protestation.

These things bred a new heart-burning amongst the noble-
men, for they took Morton to be the deviser of all, and that
he was craftily drawing back the administration of affairs
unto himself; which, albeit they dissembled for the present,
broke forth after a few days in an open dissension. The
citizens of Edinburgh were much offended with the king's
remaining in Stirling, and the removal of the parliament from
their town ; and, as it happens in such times of discontent,
rumours were dispersed that the king was detained captive,
and was shortly to be sent into England, and the ancient
league with France dissolved. This being in the mouths of
all men, and talked of not in corners, but in open and public
meetings, a proclamation was given out the sixth of July,
" Declaring the falsehood of those rumours, and that the
same were raised by some seditious spirits that could not live
quiet under any sort of government. For, as to the king's
detention, it was known to be most false ; and that it was his
own choice to remain at Stirling, attended by those whom
the council by common consent had appointed for the safe
custody of his person. And for the parliament, which they
said was to treat of the dissolution of peace with their old
confederates, and to make up new leagues with others, there
was no such matter; it being his majesty's only purpose to
have such things intreated in that meeting as might tend to
the advancement of God's honour, the safety of his royal
person, and the establishment of good laws for the quietness
of the realm ; whereof if any made doubt, they might be re-
solved at their coming to the parliament, which was now ap-
proaching. Therefore were all good subjects advertised not
to beheve those seditious reports, nor suffer themselves to be
led by such wicked suggestions into rebellion."

This declaration prevailed little with the most part, for
the minds of men were much exasperated ; and the time of
parliament come, the lords that remained at Edinburgh took
counsel not to go thither, but to send of their number one or
two to protest against the lawfulness of it. The earl of
Montrose and Lord Lindsay were chosen to that purpose,
who, coming to StirUng, show the king the noblemen's ex-

VOL. II. 15

226 THE HISTORY OF THE [a. D. 1578.

cuse, and declared all they had in commission to say ; wish-
ing his majesty to prorogate the parliament unto a better
time, and make choice of a fitter place. But he resolved, by
the counsel of those that were present, to go on ; and coming
the next day, which was the sixteenth of July, to the great
hall where the Estates were advertised to meet, he made a
short speech touching the liberty of parliaments, and the neces-
sity he had to keep one at that time and in that place, assuring
all persons who had any thing to move or propone, that'they
should have free access, and receive satisfaction according to
justice. After the king had closed his speech, the earl of
Montrose and Lord Lindsay arose, and in the name of the
council and others of the nobility adhering to them, protested
against the lawfulness of the parliament, in so far as it was
kept within the castle, whither they could not safely repair,
the same being in their enemy's power. The king, offended
with the protestation, commanded them to keep their lodg-
ings, and not to depart forth of Stirling without his license,
which tlie Lord Lindsay obeyed ; but Montrose the next
day early in the morning went away, and returned to Edin-
burgh, where it was given out that he had brought from the
king a secret direction to the lords to convene the subjects in
arms, and liberate him out of Morton's hands.

Thereupon a declaration was published, bearing, " That
his majesty having assumed the government in his own per-
son, because of the enormities committed in the time of
Morton's regiment, had appointed the council to remain at
Edinburgh for the better ministration of justice ; and that by
the care they took of affairs, all things had gone well and
peaceably till Morton, out of his ambitious desire to rule, did
suborn some instruments to surprise the king's house and
person at Stirhng, injuriously displace the captain, and put
his family and servants to the gates. Of which seditious
enterprise although he did pretend ignorance, yet the pro-
gress of his actions continually since that time did show that
he was the chief plotter of that business ; for after his coming
to court, and admission to be one of the council, he had dis-
ordered all things, thralling the king so far, that his best
subjects could have no free access unto him, and usurping the
jurisdiction of his majesty's ordinary council, in translating
the parharaent from Edinburgh, the principal city of the

.*!

A. D. 1578.] CHURCH OF SCOTLAND. 227

realm, unto the castle of Stirling. Likcas, to bear out his
wicked and violent designs, he had of late presumed to levy
soldiers at the king's cost and charge, intending thereby to
maintain his usurped authority, and oppress his majesty's
obedient and lawful subjects. In consideration of which
abuses, and lest his notorious presumptions should by their
continual patience grow to a farther height, they had resolved,
laying aside all difficulties, to withstand the violences prac-
tised by him under the title of the king's authority, and to
hazard their goods, lives, and lands for the dehvery of his
majesty's person out of his thraldom ; protesting that the in-
conveniences which should ensue upon the present troubles
should not be imputed to them, inasmuch as they were forced
unto it for their own just and necessary defence, the restitu-
tion of their native prince to liberty, and the delivering of
the Church and commonwealth fi"om the tyranny of such as
have ever sought, and still do seek, the ruin and overthrow
of both."

This declaration pubHshed, all parts of the realm wore in
a commotion. Soldiers were levied on either side, horse aud
foot ; and proclamations sent to the sheriffdoms of Edinburgh,
Haddington, Linlithgow, Clackmannan, Kinross, Perth, Fife,
Forfar, Lanark, Dumbarton, and to the bailiaries of Kyle
and Cunningham, to prepare themselves with victuals for
fifteen days, and be in readiness to follow the king or his
Ueutenants upon six hours' warning, as they should be di-
rected. Herewith a commission of lieutenandry was given
to the earl of Angus for convocating the subjects, aud pur-
suing the rebels who had usurped the king's authority with
all sort of rigour. Charges were also directed to command
the earls of Athole and Argyle to depart forth of Edinburgh
within the space of twenty-four hours, and return to the places
of their dwelling, under the pain of treason. The magis-
trates of Edinburgh were enjoined to apprehend the persons
that had taken arms within their town, and not to suffer any
armed men to enter in the same, except such as should have
direction from his majesty. Which, when the provost
(Archibald Stewart) came to excuse, as not being in the
town's power to withstand the forces of the noblemen, he
himself was sent prisoner to the castle of Doune.

228 THE HISTORY OF THE [a. D. 1578.

The parliament in this mean time went on, and all things
proceeded therein as in a time of most secure peace. Upon
their dissolving, when it was told the king that the lords
were gathering forces, and that they gave out the same to be
done by warrant from him, he commanded, by a new pro-
clamation, all that were assembled in arms to separate and
return to their dwellings within the space of six hours, pro-
mising pardon to such as obeyed. And lest any should be
deceived with the rumours of his captivity and secret warrants
from himself, he again declared, " That it was his own desire
to remain at Stirling and be served by the earl of Mar, with
whom he knew his surety was greater than if he should be
at the devotion of those that caused the present troubles,
whose meaning towards him could be no better than it had
been in times past. For the warrants they pretended, he
called God to witness, that they had neither word nor writ
from him ; therefore willed all his good subjects to live quiet,
and not to be misled by such false informations." This pro-
clamation the lords would not suffer to be pubHshed at
Edinburgh, but, making the greater expedition, drew to-
gether their companies and marched towards Stirling. The
first night they camped at Linlithgow, and the day following
having mustered their army, which they found to be about
4000, they went to Falkirk.

The earl of Angus, as lieutenant for tiio king, took the
fields, and displaying the royal banner made towards them.
In number he did not equal the others, but they were gentle-
men all, active and resolute. Sir Robert Bowes, the English
ambassador, riding betwixt the armies, travailed earnestly to
bring them to an agreement, and by his entreaties and the
proponing of honourable conditions did keep them from
joining. In which time one Tait, a follower of Cessford, who
as then was of the lords' party, came forth in a bravery, and
called to the opposite horsemen, asking if any among them
had the courage to break a lance for his mistress. He was
answered by one Johnston, servant to the master of Glammis,
and his challenge accepted. The place chosen was a little
plain at the river of Carron, on both sides whereof the horse-
men stood spectators. At the first encounter Tait, having
his body pierced through, fell from his horse, and presently

A. D. 1578.] CHURCH of Scotland. 229

died. This was taken by those of Morton's side for a pre-
sage of victory. But by the ambassador's travails the parties
were drawn to the conditions following : —

1. That the forces on either side should presently separate,
and a few horsemen only be retained upon his majesty's
charges, who should be employed for quieting the borders,
and not against the lords convened at Falkirk, or their
adherents in the present action.

2. That the proceedings of the lords and other partakers
with the chancellor, since the tenth of July last, should be
allowed as good service done to the king, in respect his
majesty was assured of their good affection towards his
own person.

3. That the chancellor and earl of Argyle should have their
lodging within the castle of Stirling, with the like num-
bers that were permitted to other noblemen.

4. That all noblemen, barons, and other gentlemen who
pleased to come unto the king, should be freely admitted to
his presence, and have liberty to propone their OAvn affairs.

5. That the earl of Montrose and Lord Lindsay should be
received into the number of the council.

6. That the king caUing to himself eight noblemen, that is,
four for each party, to be nominated by themselves, should
consider the griefs and offences of either side, take order
for removing the same, and make up a perfect reconcile-
ment amongst the nobility.

7. That the commission of licutenandry granted to the earl
of Angus should be discharged.

8. And last, that the captains of the castle of Edinburgh and
Dumbarton should enjoy their offices till the reconciliation
intended was brought to an end.

These articles being signed by the king, and subscribed by
the principals of both parties, the accord and heads thereof
were published at Stirling and Falkirk the fourteenth of
August, upon which the armies dissolved. No stir in our
memory was more happily pacified ; for should it have come
to the worst, as it was not far off, such was the heat and hate
of both factions, that the mischief could not but have been
great which would have ensued.

230 THE IlISTOHY OF THE [a. D. 1578,

The place and time of the noblemen's meeting for consider-
ing the grievances of both parties being left to the king's
appointing, because delay might breed greater difficulties his
majesty did assign the twentieth of September to meet at
Stirling; whereof he caused the ambassador to give the
chancellor notice, and to desire him to name the four noble-
men whose advice he and the rest would use in that treaty.
The chancellor answered by letter, " That neither he nor
Argyle could agree to meet at Stirling, nor could they design
the four noblemen whom they would use, because death,
sickness, and other accidents might hinder one or more of
them to convene ; but if it should please the king to appoint
the place of meeting at Edinburgh, about the end of Novem-
ber, they should keep the day, and for the present nominate
ten, of which number they should choose some four at that
time as arbiters for their party." The ten they named were,
the earls of Montrose and Caithness, the Lords Lindsay,
Maxwell, Herries, Ogilvy, and Innermaith, the abbot of
Newbottle, and the lairds of Bargenny and Drumwhassill.
Herewith he desired three tilings to be granted. One was,
that license might be given to such an one as they would
choose to pass into England ; next, that they who were dis-
possessed of their places and offices since the tenth of July
might be restored, namely, Mr Mark Ker, son to the abbot
of Newbottle, master of requests, and William Cunningham,
son to the laird of Drumwhassill, gentleman of the king's
bedchamber ; thirdly, that none should be called in question
for their absence upon the late proclamations, seemg all they
who came not to StirHng must be understood to have been
their adherents.

This answer communicated to the king did highly offend
him. First, that they should usurp the appointing of the
time and place of meeting, which was left in his power ; next,
that they would presume to send a message into England,
they being his subjects, and neither acquaint him with the
person nor the message. For the other petitions he judged
them impertinent, and more fit to be proponed at the meet-
ing of the noblemen ; wherefore, in a letter sent by Mr
WiUiam Erskine to the chancellor, he showed, that since
they had delayed to nominate the four noblemen, he himself
would make choice of four of them whose names they had

A. D, 1578.] CHURCH of Scotland. 231

given to the ambassador ; to wit, the Lords Lindsay, Ogilvy,
Innermaith, and Herries ; to whom ho would join the carls
of Rothes and Buchan, with the Lords Ixutlivcn and Boyd ;
and by their advice proceed in the reconcihatiou by him in-
tended ; which if they should refuse, he would notify to the
queen of England and other Christian princes the care he
had taken to perform all things as they had been lately
accorded.

To this letter no answer was given, but that they should
advise with their friends, and afterwards signify their minds ;
wherewith the king being discontent, he summoned the noble-
men to meet at Stirling, the twentieth of September, warning
all the subjects whom that business concerned to address
themselves thither against the day. At the day none of them
appeared, and the more careful the king was to have peace
made, the more they seemed to draw back, protracting time
upon frivolous excuses. Wherefore the king for the last diet
appointed the twentieth of October, which most of them kept.
Being all assembled, the king spake to them to this effect :
" Ye do all understand what an earnest desire I have that
you should join in friendship one with another, which caimot
be more contentment to me than it is a benefit to yourselves.
Although I have many occasions given me to fall from that
desire, yet I abide in the same mind, and shall wish you to
lay aside your needless jealousies and su^spicions. For as to
me I will study to be indifferent, and bestow my favours im-
partially, and never repose myself upon any one so much as
to deny others the regard which is due to them. Ye that
are noblemen have a special interest in me, and unless there
be a correspondence of wills and minds amongst you, I shall
never find that concurrence that ought to be for mine honour
and the good of the commonwealth. It is not long since, at
your own desires, I accepted the government of the realm,
being persuaded by you that this was the only way to cease
all grudges ; but now that I see them increased, it repents
me to have yielded to your desires, and entangled myself in
such businesses. What should let you be reconciled, and
become perfect friends, I knov/ not. If there be any grief
or offence that hath exasperated your minds, will ye show it ?
I am here with the advice of my lords to remove it, and see
satisfaction made by those that have done the wrong. I hope

232 THE HISTORY OF THE [a. D. 1578.

you do not carry minds irreconcilable. Ye professed that ye
laid down arms for the love ye bare to your king ; by the
same love I entreat you to lay aside jealousies and suspicions,
which ye will doubtless do, except ye mind to expose your
country and yourselves to utter ruin."

The lords, moved with this speech, professed themselves
willing at his majesty's desire to bury all discords ; and that
their agreement might be the more sound, they were required
to set down in writing the injuries and unkindness whereof
they complained, that satisfaction might be made at the sight
of the king and noblemen whom he had named. Hereupon
the chancellor and Argyle presented their grievances in
some short articles, bearing the unkindness they had re-
ceived from the earl of Morton in the time of his regiment.
Whereunto he answered, first generally, that what he did
in that time was done by order of law, and that they them-
selves had allowed his proceedings, and were sureties for
ratifying the same in Parliament. Then replying more
particularly to every article, he gave the king and other
noblemen full satisfaction, and made it seen, that on the part
of the other lords there was a great mistaking : for what he
did he could not leave undone, without a manifest violation of
justice. Yet for himself, he said, " although he had been
ill rewarded by them for his pains taken in the public service,
and received more unkindness at their hands than he had de-
served, he would freely remit all at the king's desire." After
some days spent in such reckonings, they were brought in
end to join hands.

Daring these contentions in the state, Mr Andrew Melvill
held the Church busied with the matter of policy, which was
put in form, and presented to the parliament at their sitting
in Stirhng. The Estates having no leisure to peruse it,
gave a commission to divers of their number to meet and
confer with the commissioners of the Church, and if they did
agree, to insert the same among the acts of parliament.
How these affairs went, and what effect the commission took,
because of the great business that afterwards was made
about the same, is necessary to be known ; wherefore I
thought meet to set down the form of pohcy as it was pre-
sented, with the notes of their agreement and disagreement,
as they stand in the original, which I have by me.

A. D. 1578.] CHURCH OF SCOTLAND. 233

Heads and Conclusions of the Church; and First of the Policy
thereof in General, ivherein it differethfrom Civil.

1. The Church of God is sometimes largely taken for all i. Agreed.
them that profess the evangel of Jesus Christ ; and so it is

a company and fellowship not only of the godly, but also
hypocrites, professing outwardly one true religion.

2. At other times it is taken for the elect only and the 2. Agreed.
godly ; and sometimes for them that exercise the spiritual
function amongst the congregation of them that profess the
truth.

3. The Church in this last sense hath a certain power ch^reMs*some-°
granted by God, according to which it useth a proper themthat'exercise
jurisdiction and government, exercised to the comfort of functoninVr-

*; 1 1 /-(I T ticular congrega-

the whole Church. tions.

. , . . , . , . 1 1 "*• Continued to

4. 1 his power ecclesiastical is an authority granted by farther reasoning,

~,,„, 11 !•• n T r~tt • and when it is said

God the father, through the mediation of Jesus Christ, this power noweth

' o _ ' from God to his

unto his Church gathered, and having the ground in the J;']"'"^!'' whether

a ' o o tins should be un-

word of God, to be put in execution by them unto whom ^v^iioiecimrch'orof
the spiritual government of the Church by lawful calling and°®h*;The?u"'

i«i pnmTnif f ofl fioweth mediately

Jt> COlIimillLU. or immediately.

5. The policy of the Church flowing from tliis power is an s. Referred
order or form of spiritual government, which is exerced by the reasoning.
members appointed thereto by the word of God ; and there-
fore is given immediately to the office-bearers, by whom it is
exercised to the weal of the whole body.

6. This power is diversely used ; for sometime it is severally 6- The last

^ « v words ol the

exercised (chiefly by the teachers) sometime conjunctly by thoughtnot
mutual consent of them that bear office and charge, after the "nd^^we-
form of judgment : the former is called potestas ordinis, the ddete?''^
other potestas jurisdictionis.

7. These two kinds of power have both one ground, one 7. Agreed,
final cause, but are different in the form and manner of exe-
cution, as is evident by the speech of our Saviour in the 16th

and 18th of St iNIatthew.

8. This power and pohcy is different and distinct in the ". Agreed.
own nature from that power and policy which is called the

civil power, and appertains to the civil government of the
commonwealth, albeit they be both of God, and tend to one
end, if they be rightly used, that is, to advance the glory of
God, and to have godly and good subjects.

234 THE HISTORY OF THE [a. D. 1578.

9. Say in- 9. For this powor ecclesiastical floweth from God im-
For tfafs"^^" ' mediately, and the mediator Jesus Christ, and is spiritual,
spiiituainot not having a temporal head in the earth, but only Christ, the
deleting the only Spiritual kino; and ffovernor of the Church.

otherwords. ./ l » & n i • i/»

10. Agreed. 10- It is a title falsely usurped by Antichrist, to call himself

the head of the Church, and ought not to be attributed to
angel or to man, of what estate soever he be, saving to Christ
the head and only monarch of the Church,
n. Agreed. 11. Therefore this power and policy of the Church should
lean upon the word immediately as the only ground thereof,
and should be taken from the pure fountains of the scriptures,
hearing the voice of Christ the only spiritual king, and being
ruled by his laws.

12. Agreed, 12. It is propor to kings, princes, and magistrates, to be
thSJfwfrds, called lords and dominators over their subjects whom they
no7bfcaVied govom civilly ; but it is proper to Christ only to be called
their flock. lord and master in the spiritual government of the Church,

and all others that bear office therein ought not to usurp
dominion, nor be called lords, but ministers, disciples, and
servants : for it is proper to Christ's office to command and
rule his Church universally, and every particular church,
through his spirit and word, by tlie ministry of men.

13. Change the 13. Notwithstanding, as the ministers and others of

last words of eccle- o '

n^DtrinliTrec- *^^® ccclesiastical state are subject to the magistrate
pHneTaecord'ingto ^ivilly, SO ought the porson of the magistrate be subject
i4?Refe'ired?o''' ^0 the Cliurcli Spiritually, and in ecclesiastical government.
whMUheTrder'of 14. And the exercise of both these jurisdictions cannot
discuScd."*" ^° stand in one person ordinarily,
tiiey cometo the 15. The civil powor is called the power of the sword,

attribution of the ,, ,, ., /> ii i

rower. the other power tiie power ot the keys.

as'thewords l^- Tlio civil power should command the spiritual to

cei^ved." exercise and to do their office according to the word of God ;

the spiritual rulers should require the Christian magistrate to

minister justice and punish vice, and to maintain the liberty

of the Church, and quietness within their bounds.

i7.Deferreth 17. The magistrate commands in things external for ex-

sowed vith ternal peace and quietness among the subjects ; the minister

handleth external things only for conscience cause.
is.Referred. 18. The magistrate judges external things only and actions
done before men ; but the spiritual ruler judges both the affec-
tion and external actions in respect of conscience, by the word
of God.

A. i>. 1578.] CHURCH of Scotland. 235

19. The civil magistrate gcttcth obedience by the sword i9.
and other external means ; but the minister by the spiritual
sword and spiritual means.

20. The magistrate ouffht neither preach, minister the so. Agreed that

° ° „ ^ neither ought

sacraments, nor execute the censures of the Church, nor the magistrate

.,,,,, preach, nor min-

yet prescribe any rule how it should be done, but com- ister the sacra-

♦'■'■•' ' ments, nor exe-

mand the minister to observe the rule prescribed in the „" ttecimrch"'*'
word, and punish transgressors by civil means; the u^^^J^j^^*^^^
minister again exercises not the civil jurisdiction, but tfon°'Md"refcr-
teaches the magistrate how it should be exercised according pa^ of thTs"""'^

tn fhp wnrH article to far-

lO tnc WOl a. tl,er reasoning.

21. The magistrate ought to assist, maintain, and fortify the ai.Referred.
jurisdiction of the Church ; the ministers should assist their
princes in all things agreeable to the word, providing they
neglect not their charge in involving themselves in civil aifairs.

22. Finally, as ministers are subject to the judgment and 22.Referred.
punishment of magistrates in external things, if they oiFend :

so ought the magistrates submit themselves to the discipline
of the Church, if they transgress in matter of conscience and
rehfrion.

Chap. 2. — 0/ the Parts of the Policy of the Church, and
Persons or Office-hearers to luhom the Administration is
committed.

1. As in the pohcy civil the whole commonwealth consists i- The name
in them that are governors or magistrates, and them that church in

o ^ o ^• p ^ , this article

are governed and subjects; so m the policy of the C-hurch ^j^faken for
some are appointed to be rulers, and the rest of the members g^iJlfi^^";^'
are to be ruled and obey according to God's word, and the fortiiewhoL
inspiration of his spirit, always under one head and chief ^g"egj|\yit,j
governor Jesus Christ. thianfcil.

2. Again, the whole policy of the Church consists in three 2. Referred,
things chiefly, in doctrine, discipline, and distribution ; with
doctrine is annexed the ministration of the sacraments.

3. And according to this division arises a sort of threefold 3. Referred,
officiars in the Church ; to wit, ministers or preachers, elders

or governors, and deacons or distributors ; and all these may
be called by one general word, ministers of the Church.

4. For albeit the Church of God be ruled and governed 4. Agreed.
by Jesus Christ, who is the only king, high priest, and head

236 THE HISTORY OF THE [a. D. 1578.

thereof; yet he useth the ministry of men as a necessary
middest for this purpose.

5. Agreed. 5. For SO he hath from time to time, before the law, under

the law, and in the time of the evangel, for our great com-
fort, raised up men endowed with the gifts of his spirit for
the spiritual government of his Church, exercising by them
his own power through his spirit and word, to the building
of the same.

6. Referred 6. And to take away all occasion of tyranny, he wills that
of the head they should rule with mutual consent of brethren and equal-

of visiters. . - , . , . . ■"■

ity of power, every one according to their functions.

7. Referred. 7. In the Ncw Testament and time of the evangel ho

hath used the ministry of the apostles, prophets, evangelists,
pastors, and doctors, in administration of the word ; the
eldership for good order and administration of discipline;
the deaconship to have the cure of ecclesiastical goods.

8. Referred. 8. Somo of these occlesiastical functions are ordinary,

some extraordinary, or temporal. The extraordinary are
the apostles, prophets, and evangelists, which are not per-
petual, and now have ceased in the Church, except when it
pleases God extraordinarily for a time to stir up some of
them again.

9. Referred. 9. There are four ordinary offices or functions in the

Church of God ; the pastor, minister, or bishop, the doctor,
the presbyter or elder, and the deacon,

lo.Referred. 10. Theso officcs are ordinary, and ought to continue per-
petually in the Church, as necessary for the government and
pohcy of the same ; and no more offices ought to be received
or suffered in the true Church of God, established by his word.

ii.Referred. 11. Therefore all the ambitious titles invented in the
kingdom of Antichrist and his usurped hierarchy, which are
not one of those four sorts, together with the offices depend-
ing thereupon, ought in one word to be rejected.

Chap. 3. — How the Persons that hear Ecclesiastical
Functions are admitted to their 0£ices.

1. Agreed. 1- Vocatiou Or Calling is common to all that should bear
office in the Church, which is a lawful way by which quali-
fied persons are promoved to any special office in the Church
of God.

A. D. 1578.] CHURCH of Scotland. 237

2. Without this caUing it was never lawful for any person 2. Agreed.
to meddle with any ecclesiastical function.

3. There are two sorts of calling, one extraordinary by 3. Agreed.
God immediately, as were the apostles and prophets, which

in a Church estabhshed and already well reformed hath no
place.

4. The other calling is ordinary, which beside the calhng 4. Agreed,
of God, and the inward testimony of a good conscience, hath

the lawful approbation of men according to God's word, and
the order established in the Church.

5. None ought to presume to enter in any office ecclesias- 5. Agreed,
tical, unless he have a good testimony in his conscience
before God, who only knoweth the hearts of men.

6. This ordinary and outward calling hath two parts, g.
election and ordination.

7. Election is the choosing out of one man or person to the 7. Referred,
office that is void, by the judgment of the eldership and con-
sent of the congregation to whom the person presented is to

be appointed.

8. The qualities in general required in all them who 8. Agreed

1111 n -1/^1 1 • • /. ^^^^^ ^^^

should have charge in tlie Church consist in soundness of generality
rehgion and godliness of life, according as they are set forth
in the word.

9. In this ordinary election it is to be eschewed, that no 9. Agreed,
person be intruded in any of the offices of the Church, con-
trary to the will of the congregation to whom they are ap-
pointed, or without the voice of the eldership.

10. None ought to be intruded or placed in the ministry 10. Agreed.
in places already planted, or in any room that is not void,

for any worldly respect, and that which is called the benefice
ought to be nothing but the stipend of the minister who is
lawfully called.

11. Ordination is the separation and sanctifying of the u. Agreed,
person appointed by God and his Church, after that he is

well tried and found qualified.

12. The ceremonies of ordination are fasting, prayer, and 12. Agreed.
imposition of the hands of the eldership.

13. All these, as they must be raised up by God, and is. Agreed,
made able for the work whereunto they are called, so they
ought to know that their message is limited within God's

word, without the bounds whereof they ought not to pass.

238 THE HISTORY OF THE [a, d. 1578.

14. Agreed. 14, Thcsc should take the names and titles only (lest they

be exalted and puffed up in themselves) which the scripture
gives them, as those which import labour, travail, and work,
and are names of offices and service, and not of idleness, dig-
nity, worldly honour or pre-eminency, which by Christ our
master is expressly reproved and forbidden.

15. Agreed. 15, All thcsc office-boarers should have their own partic-

ular flocks, amongst whom they ought to exerce their charge :
and should make residence with them, taking inspection and
oversight of them, every one in his vocation,
iG. Agreed. 16. And generally ought to respect two things; that is,
the glory of God, and edifying of his Church, by discharging
their duties in their callings.

Chap. 4. Of the Office-bearers in Particular, and First of
the Pastors and Ministers.

1. Agreed, 1. Pastors, bishops, or ministers, are they who are ap-
word bishop pointed to particular congregations, which they rule by the
tiie place of word of God, and over which they watch : in respect whereof

visitation. . " ^ ,

sometimes they are called pastors, because they feed their
congregation ; sometimes episcopi or bishops, because they
watch over their flock ; sometimes ministers, by reason of
their service and office ; sometimes also presbyters or seniors,
for the gravity in manners which they ought to have, taking
care of the spiritual government, which ought to be most
dear unto them,
£. Agreed. 2, They that are called to the ministry, or offer themselves
thereto, ought not to be elected without one certain flock to
be assigned to them.

3. Agreed. 3, No man ought to ingyrc himself, or usurp this office

without a lawful calling.

4. Agreed. 4. They who are once called by God, and duly elected by

men, having once accepted the charge of the ministry, may
not leave their functions ; and the deserters ought to be
admonished, and, in case of disobedience, excommunicated.

5. Referred. 5. No pastor may leave his flock without Ucense of the

provincial assembly ; which if he do, after admonition not
obeyed, let the censures of the Church strike upon him,
c. Agreed. 6. To the pastor belongeth the preaching of the word of
God in season and out of season, publicly and privately, al-

A. D. 1578.] CHURCH of Scotland. 239

ways to edify and discharge his conscience, as God hath pre-
scribed. And unto them only appertains the ministration of
the sacraments ; for both these are appomted by the word
of God as means to teach us, the one by the ear, and the
other by the eyes and other senses, that by both, knowledge
may be conveyed to the mind.

7. By the same reason it pertains to pastors to pray for 7. Agreed.
the people, and namely for the flock committed to their
charge, and to bless them in the name of God, who will not
suffer the blessings of his faithful servants to be frustrate.

8. He ought also to watch over the manners of liis flock, o. Agrcod.
that he may the better apply his doctrine to them, in repre-
hending the dissolute, and exhorting the godly to continue

in the fear of the Lord. 9. Agreed,

9. It appertains to the minister, after lawful proceeding of mfni'tCT of
the eldership, to pronounce the sentence of binding and may prJ-
loosino- upon any person, according to the power of the keys sentence ol-

O, ^ , i^, '^ , «= '■ •' excomimini-

granted to the Ohurch. cation, after

10. It belongs to him likewise, after lawful proceeding in \l^^^s-
the matter by the eldership, to solemnize marriage betwixt ^iJ['*r,^P.3^"
those that arc contracted, and to pronounce the blessing of the ^^^ge°"
Lord upon them that enter in that bond in the fear of God.

And generally, all public denunciations that are made in the
church before the congregation, concerning ecclesiastical
affairs, belong to the minister's office, for he is the messenger
and herald betwixt God and the people in all these affairs.

Chap. 5. Of Doctors and their Offices, and of Schools.

1. One of the two ordinary and perpetual functions that xwswiioie
labour in the word is the office of doctor, who may also ferWd to "
be called prophet, bishop, elder, and catechiser, that is, the soning.
teacher of the catechism and rudiments of the religion.

2. His office is to open up the mind of the Spirit of God
in the scriptures simply, without such application as the
minister uses, to the end that the faithful may be instructed
in sound doctrine, the pui'ity of the gospel taught, and not
corrupted through ignorant or evil opinions.

3. He is different from the pastor, not only in name, but
in diversity of gifts ; for to the doctor is given the gift of
knowledge, to open up by simple teaching the mysteries of

240 THE HISTORY OF THE [a. D. 1578.

faith ; to the pastor the gift of wisdom, to apply the same by
exhortation to the manners of the flock, as occasion craves.

4. Under the name and office of doctor we comprehend
also the order in schools, colleges, and universities, which
have from time to time been carefully maintained, as well
amongst Jews and Christians, as among profane nations.

5. The doctor being an elder, should assist the pastor in
the government of the Church, and concur with the elders
his brethren in all assembhes, by reason the interpretation
of the word, which is only judged in matters ecclesiastical,
is committed to his charge.

6. But to preach unto the people, to minister the sacra-
ments, and celebrate marriages, pertains not to the doctor,
unless he be otherwise called ordinarily ; yet may the pastor
teach in schools, as he who hath the gift of knowledge often-
times, which the example of Polycarpus and others testifies.

Chap. 6. The Elders and their Office.

1. Passed 1. The word elder in the scripture is sometimes the name

of age, sometimes the name of office ; and when it hath the

name of office is sometimes taken largely, comprehending as

well the pastors and doctors, as those who are called seniors

or elders.

.Agreed, 2. In this our division, we call those elders whom the

pidersbe apostlo callcth presidents or governors; whose office as it is

ministers. Ordinary, so it is perpetual, and always necessary in the

Church of God, and a special function, as is the ministry.

3. The per- 3. Elders once lawfully called to the office, and having
elders re- gifts of God fit to exorciso the same, may not leave it again;

ferredtofar- " ,.11 , i • .

therdeuber- yet such a number 01 elders may be chosen m certam con-
gregations, as one part may relieve another for a reasonable
space, as was amongst the Levites under the law in serving
the temple.

4. Agreed. 4. The number of elders in every congregation cannot be

limited, but should be according to the bomids and necessity
of the people.

5. Referred. 5. It is not ncccssary that all elders be teachers of the

word, albeit chiefly they ought to be such, and so worthy
of double honour.

6. Referred. 6. What manner of persons they ought to be, we remit it

A. D. 1578.] CHURCH OF SCOTLAND. 241

to the express word, and the canons set down by the apostle
St Paul.

7. Their office is as well severally as conjunctly to watch 7. Agreed.
with dihgence over the flock committed to their charge, both
pubUcly and privately, that no corruption of religion or
manners grow amongst them.

8. As the pastors and doctors should be diligent in teach- a Agreed.
ing and sowing the seed of the word, so the elders should

be careful in seeking the fruits of the same among the people.

9. It pertains to them to assist the pastor in examining 9- Agreed,
those that come to the Lord's table, and in visiting the sick.

10. They should cause the acts of the assemblies, as well lo- Agreed.
particular as general, to be put carefully in execution.

11. They should be dihgent in admonishing all men of n. Agreed.
their duties, according to the rule of the word.

12. Things that they cannot correct by private admoni- 12. Agreed.
tions they should bring to the eldership.

13. Their principal office is to hold assemblies with the i3- Agreed.
pastors and doctors, who are also of their number, for es-
tabhshing good order and execution of discipline ; unto which
assembUes all persons are subject that remain within the
bounds.

Chap. 7. Of Elderships, and Assemblies, and Discipline.

1. Agreed
that min-

1. Elderships are commonly constitute of pastors, doctors, jf/^ers^^ay
and such as we call commonly elders that labour in the word ituff twngs
and doctrine, of whom and of their power we have spoken, ^boundl

2. Assemblies are of four sorts ; for either they are of a 2. Agreed.
particular congregation, or of a province, or of a whole na-
tion, or of all and divers Christian nations. UKafyno^ds

3. All ecclesiastical assemblies have power to convene i^n theyelr^
lawfully together, for treating of things concerning the imth t^e'"*
churches pertaining to their charge. vt^tofion.

4. They have power to appoint times and h^-Sst'Su'ru'S^^^^^
places to that effect, and every assembly Ferm^^rbi.tnand'su^b^rpie::;
to appoint the diet, time and place for trng"t.frXe„\'niyrtW;

ii majesty's commissioner, have voita

5. In all assemblies a moderator should be chosen by com- s- Agreed.
mon consent of the whole brethren convened, who should pro-
pone matters, gather voices, and cause good order to be kept.

VOL. II. 16

242 THE HISTORY OF THE [a. D. 1578.

6. Referred. 6. DlligGiice ought to be takeii chiefly by the moderator

that only ecclesiastical things be handled in the assemblies, and
no meddling be with any thing pertaining to civil jurisdiction.

7. Referred. 7. Evory asscmbly hath power to send forth of their own

number one or more visitors, to see how all things are ruled
in their jurisdiction.
„ ^ , ^ 8. Visitation of churches is not an ordinary oflBce eccle-

!1. Deferred _ , ^ «'

to the head giastlcal in the person of one man, neither may the name of

of bishops, _ 1 ^ ' •{ ^

foma'tion"^*' ^ ^ishop bo attributed to a visitor only, neither is it necessary
to abide in the person of one man always, but it is in the
power of the eldership to send out quaUfied persons to visit
pro re nata.

9. Agreed. 9- The final end of all assemblies is first to keep the
religion and doctrine in purity without error and corruption ;

■nin^eln'the ^®^* *° ^®®P comoHness and good order in the Church.

anlele these ^^- -^^^ *^^^ ordcr's causc, they may make rules and con-

sp?ritiiai° stitutions. pertaining to the good behaviour of all the members

luTgS i» *1^^ Church in their vocation.

make'^lc'ri ^^' ^hoy have power also to abrogate and abolish all sta-

thin^Tso tutes and ordinances concerning ecclesiastical matters that

ter u^'«ini'e ^^^ found uoisomo and unprofitable, and agree not with the

^tf of"timT time, or are abused by the people.

i2!Refcrred. ^■^' '^^^7 ^^^^® powcr to exccuto discipline and punishment
ecclesiastical upon all transgressors and proud contemners of
the good order and pohcy of the Church, so as the whole
discipline is in their hands.

i3.Referred. 13. The first sort and kind of assemblies, although they
be within particular congregations, yet they exerce the power,
authority, and jurisdiction of the Church with mutual consent,
and therefore bear sometimes the name of the Church.

i4.Referred. 14. When WO spcak of the elders of particular congrega-
tions, we mean not that every particular parish church can
or may have their particular elderships, especially to land-
ward ; but we think three or four, more or fewer, particular
churches may have a common eldership to them all, to judge
their ecclesiastical causes.

is.Referred. 15. Albeit it is meet that some of the elders be chosen out
of every particular congregation, to concur with the rest of
their brethren in the common assemblies, and to take up the
delation of oiFences within their own churches, and bring
them to the assembly.

A. D. 1578.] CHURCH OF SCOTLAND. 243

16. This we gather of the practice of the primitive Church, lo. Referred,
where elders, or colleges of seniors, were constitute in cities

and famous places,

17. The power of the particular eldership is to give dili- i7.ueferrcd.
gent labour, in the bounds committed to their charge, that

the churches be kept in good order ; to inquire of naughty
and unruly persons, and travail to bring them in the way
again, either by admonition and threatening of God's judg-
ments, or by correction.

18. It pertains to the eldership to take heed that the word luRearrcd.
of God be purely preached within their bounds, the sacra-
ments rightly ministered, discipline maintained, and the ec-
clesiastical goods uncorruptly distributed.

19. It belongs to this kind of assembly to cause the or- ly.Rcfemd.
dinances made by the assemblies provincial, national and
general, to be kept and put in execution ; to make constitu-
tions which concern to Tpi'Trov, for the decent order of those
particular churches which they govern ; providing they alter

no rules made by the provincial and general assemblies, and
that they make the provincial assemblies foreseen of those
rules they make, and to abolish such constitutions as tend to
the hurt of the same.

20. It hath power to excommunicate the obstinate. so.Referred.

21. The power of election of them who bear ecclesiastical si.Rufcrred.
charge pertains to this assembly within their own bounds,

being well constitute, and erected of many pastors and elders
of good ability.

22. By the like reason their deposition also pertains to sa.uefcned.
this assembly, as of them that teach erroneous doctrine ;

that be of a scandalous life, and after admonition desist not ;
that be given to schism or rebellion against the Church,
manifest blasphemy, simony, and all corruption of bribes,
falsehood, perjury, whoredom, theft, drunkenness, fighting
worthy of punishment by the law, usury, dancing, and such
dissoluteness as imports civil infamy ; and all other that de-
serve separation from the Church.

23. Those also who are altogether found unable to execute aaReferred.
their charge ought to be deposed, and other churches adver-
tised thereof, lest they receive the persons deposed.

24. But they who through age or sickness, or any other 24.
accident, become unmeet to do their office, their honour

244 THE HISTORY OF THE [a. D. 1578.

should remain to them, and others be provided to their

office, the Church maintaining those who are by that occasion

disabled.
25.RefeiTod. 25. Provincial assemblies we call lawful conventions of

the pastors, doctors, and other elders of any province gathered

for the common affairs of the churches thereof ; which may

also be called the conference of the Church and brethren.
26.Referred. 26. Tliose assomblies are institute of weighty matters to

be intreated by mutual consent, and assistance of the brethren

within the province, if need be.
27.RcreiTed. 27. This assembly hath power to redress, order, and

handle all things committed or done amiss in the particular

assemblies.
ss.Referred. 28. It hath power to depose the office-bearers of that

province, for good and just causes deserving deprivation.

And generally these assembhes have the whole power of the

particular elderships whereof they are collected.

29. Passed 29. National assembly, which we call ffeneral, is a lawful

over. . '' .

convention of the whole Church of the realm or nation where
it is gathered, for the common affairs of the Church ; and
may be called the general eldership of the whole Church
within the realm.

30. Passed 30. Noue are subject to repair unto this assembly for

giving voice but ecclesiastical persons, to such a number as
shall be thought good by the same assembly ; not excluding
other persons that will repair to it for propounding, hearing,
and reasoning.

31. Answer- 31. This asscmblv is institute, that all things either corn-
ed before. . . . , . . , ■-; ,. ,

mitted or done amiss m the provmcial assembhes may be
redressed, and things generally serving for the good of the
whole body of the Church within the realm may be foreseen,
entreated, and set forth to God's glory.

32. The last 32. It should take care that churches be planted in places

part of the •, i c i

ferrecfto'^the ^^^l^^^"® they are not planted, and prescribe a rule for the

headofbish-ppocgeding of the other two sorts of assemblies in all things.

33.Deferred. 33. This assembly should take heed that the spiritual
jm'isdiction and civil be not confounded nor abused ; and
generally touching all weighty affairs that concern the good
order of the churches within the realm, it ought to interpone
authority thereto.

"in'spirituai 34. Thcro is besides these another more general assembly,

matters. °

A. D. 1578.] CHURCH OF SCOTLAND. 245

which is of all nations, and of all estates of persons within
the Church, representing the universal Church of Christ,
which may be properly called the general assembly, or gen-
eral council of the whole Church of God.

35. These assemblies were appointed and called together as.Referred.
specially when any great schism or controversy in doctrine
did arise in the Church, and were convocated at the com-
mand of godly emperors, being for the time for avoiding of
schisms within the universal Church of God ; which, because
they pertain not to the particular state of our realm, we
pass by.

Chap. 8. Of Deacons and their Office, the last ordinary
Function in the Church.

1. The word hdcKOVog is sometimes largely taken, as J-^'^^^^g^P"
comprehending all them that bear office in the ministry and t^^^o^** ^f"
spiritual function in the Church; but as we now speak, is "^^ f,Jj,'i'"„'iH
only taken for them to whom the collection and distribu- ^ppVe^ed
tion of the alms of the faithful and ecclesiastical goods do „" Urrup*-*^
belong. _ _ ^:Z^!,.

2. The office of deacon so taken is an ordinary and per-
petual function in the Church. Of what properties and
duties they ought to be that are called thereto, we remit to
the scriptures.

3. The deacon ought to be called and elected as the rest
of the spiritual officers ; and their office and power is to re-
ceive and distribute the whole ecclesiastical goods to whom
they are appointed.

4. This they ought to do according to the judgment and
appointment of the presbyteries or elderships, of the which
the deacons are not, that the patrimony of the Church and
poor be not converted to private men's uses, nor wrongfully
distributed.

Chap. 9. Of the Patrimony of the Church, and Distribution
thereof.

1. By the patrimony of the Church we understand what-
soever thing hath been at any time before, or shall be here-
after, given, or by universal consent or custom of countries

246 THE HISTORY OF THE [a. D. 1578.

professing christian religion, applied to the public use and
utility of the Church.

2. So that under the patrimony of the Church we com-
prehend all things given or to be given to the Church and
service of God ; as lands, buildings, possessions, annual rents,
and the hke, wherewith the Church is endowed either by
donations, foundations, mortifications, or any other lawful
titles of kings, princes, or any persons inferior to them,
together with the continual oblations of the faithful.

3. We comprehend also all such things as by laws,
custom, or use of countries have been applied to tlie use and
utility of the Church; of which sort are tithes, manses,
glebes, and the hke ; which by the common and municipal
laws and universal custom are possessed by the Church,

4. To take any part of this patrimony by unlawful means,
and convert to the particular and profane use of any person,
we hold it a detestable sacrilege before God.

5. The goods ecclesiastical ought to be collected and dis-
tributed by deacons, as the word of God appoints, that they
who bear office m the Church may be provided for, without
care or solicitude.

6. In the apostolic Church the deacons were appointed to
collect and distribute whatsoever was collected from the
faithful to the necessity of the saints, so as none amongst
them did lack.

7. These collections were not only of that which was
gathered by way of alms, as some suppose, but of other
goods moveable and unmoveable, of lands and possessions,
the price whereof was brought and laid at the apostles' feet.

8. This office continued in the deacons' hands, who intro-
mitted with the whole goods of the Church till the estate
thereof was corrupted by Antichrist, as the ancient canons
bear witness.

9. The same canons make mention of a fourfold distri-
bution of the patrimony of the Church ; whereof one part was
apphed to the pastor, or for his sustentation and hospitality ;
another to the elders and deacons, and the whole clergy ;
the third to the poor, sick persons and strangers ; and the
fourth to uphold the edifice of the Church, and other affairs
specially extraordinary.

10. We add hereunto the schools and schoolmasters, who

A. D. 1578.] CHURCH OF SCOTLAND. 247

ought and may well be sustained of the same goods, and arc
comprehended under the clergy : to whom we join clerks of
assemblies, as well particular as general, procurators of the
Church affairs, takers up of psalms, and other officers of the
Church, who are necessary.

Chap. 10. Of the Offices of a Christian Magistrate in the
Church.

1. Although all members of the Church are holden, ac-i. For this
cording to their vocation, to advance the kingdom of Christ ter°it is'*''''"
Jesus so far as lies in their power; yet chiefly Christian meeuhat an
princes, kings and other magistrates are holden to do the presented to
same, for they are called in the scripture nurses of the and estates.
Church, because by them it is, or at least ouaht to be, main- punishment

^ to heap-

tained and defended against all those that would procure the p,«"''='J ^^"^
hurt thereof. r" Y'oie"'

lirindi on

2. So it pertains to the office of a Christian magistrate to "nd'nkewise
fortify and assist the godly proceedings of the Church, and £uc*h immu-
namely to see that the public estate and ministry thereof be pjivlieges to
maintained and sustained, as appertains to the word of God. shaii'be

3. To see that the Church be not invaded or hurt by false vS't!*^""'
teachers and hirelings, nor the rooms thereof occupied by

dumb dogs or idle bellies.

4. To assist and maintain the disciphne of the Church, and
punish them civill}' that will not obey their censures, without
confounding the one jurisdiction with the other.

5. To see that sufficient provision be made for the minis-
try, schools, and poor ; and if they have not sufficient to
await upon theu' charges, to supply their indigence with
their own rents.

6. To hold hand as well to the safety of the persons from
injury and open violence, and their rents and possessions,
that they be not defrauded, robbed, and spoiled thereof; and
not to suffer the patrimony of the Church to be applied to
profane and unlawful uses, or to be devoured by idle bellies,
and such as have no lawful function in the Church, to the hurt
of the ministry, schools, poor, and other godly uses upon
which the same ought to be bestoAved.

7. To make laws and constitutions agreeable to God's word
for the advancement of the Church and pohcy thereof, with-

248 THE HISTORY OF THE [a. D. 1578.

out usurping any thing that pertains not to the civil sword,
but belongs to the offices merely ecclesiastical ; as the minis-
try of the word, sacraments, or using the ecclesiastical
discipline, and spiritual execution thereof, or any part of the
spiritual keys, which the Lord Jesus gave to the apostles and
their true successors.

8. And although kings and princes that be godly, some-
time by their own authority, when churches are corrupted
and all things out of order, do place ministers and restore the
true service of God, after the ensample of some godly kings
of Judah, and divers godly emperors and kings also in the
days of the New Testament : yet where the ministry of the
Church is once well constitute, and they that are placed do
their office faithfully, all godly princes and magistrates ought
to hear and obey their voice, and reverence the majesty of
God speaking by them.

Chap. 11. 0/ the present Abuses remaining in the Church,
luhich are desired to be reformed.

1. As it is the duty of the godly magistrate to maintain
the present liberty which God hath granted by preaching of
the word and the true ministration of the sacraments within
this realm ; so it is to provide that all abuses which as yet
remain in the Church be removed and taken away.

2. Therefore first the admission of men to papistical titles
of benefices, such as serve not nor have any function in the
reformed Church of Christ, as abbots, commendators, priors,
prioresses, and other titles of abbeys, whose places are now
by the first judgments of God demohshed, and purged of
idolatry, is plain abusion, and not to be received in the king-

L^esty'and dom of Christ amongst us.

suppHcafed 3, In like manner, seeing they that were called of old the

for dissolu

of th^ese chapters and convents of abbeys, cathedral-churches, and the
mfni's- like places, serve for nothing now but to set feus and leases

preli
tliat

provided to of church-lands (if any be left) and tithes, to the hurt and
churches, at prejudice thereof, as daily experience teaches, the same ought

the death
the preseii

the death of to bo Utterly abolished and abrogated.

4. Of the like nature are the deans, archdeacons, chantors,
over?^*^ ^ubchantors, thesaurers, chancellors, and others, having the

A. D. 1578.] CHURCH OF SCOTLAND. 249

like titles, which flowed from the pope and canon law only,
and have no place in the reformed church.

5. The churches also which are united and joined together s. passed
by annexation to benefices ought to be separated and divided,

and given to qualified ministers, as God's word requires :
neither ought such abusers of the patrimony of the Church
have voice in parhament, nor sit in council in name of the
Church and churchmen, to the hurt and prejudice of the
liberty thereof, and laws of the realm made in favours of the
reformed church.

6. Much less is it lawful that one person amongst these 6- f^l^J^^
should have five or six, ten or twenty churches, all having the dissolution.
cure of souls, and enjoy the patrimony thereof, either by ad-
mission of the prince or of the Church in this light of the
gospel ; for it is but mockery to crave reformation where the

like have place.

7. And albeit it was thought ffood, for avoiding greater in- 7. An act to

^ be sought

conveniences, that the old possessors of such benefices who fordisponing

i , . these united

embraced the religion should enioy by permission the two '''i"r«*'es »»,

o tj ti i. ^ ministers af-

parts of the rents which they possessed before, during their ^fthr^r'^-*
Hfetime ; yet it is not tolerable to continue in the like abuse, s^g.^"'**^
and give these places and other benefices of new to men, as
unmeet, or rather unmeeter, who have no mind to serve in
the Church, but live an idle hfe, as others did who enjoyed the
same in time of blindness.

8. And whereas, by the order taken at Leith, 1571, it ap- g. Referred,
pears that such may be admitted, being found quahfied;
either that pretended order is against all good order, or else

it must be understood not of them tliat are quahfied for
worldly affairs, or to serve in court, but such as are qualified
to teach God's word, and have their lawful admission of the
Church.

9. As to bishops, if the name be properly taken, it is all ^•J^''„Vt*he
one with the name of minister, as was before declared ; for it ^I'^lfl ^^•
is not the name of superiority or lordship, but of office and
watching. Yet because in the corruption of the Church this
name hath been abused, and is like to be, we cannot allow

this fashion of these new chosen bishops, nor of the chapters
that are their electors to such an office.

10. True bishops should addict themselves to one particular in. Agreed

J^ • 1 1 1 J 1 * bishops

flock, which divers of them refuse ; neither should they ji^'J^j^l^J^

350 THE HISTORY OF THE [a. D. 1578.

usurp lordship over their brethren and the inheritance of

Christ.
11. and 12. 11. Pastors, in so far as they are pastors, have not the
cese be^di-°" visitation of more churches joined to the pastorship, unless it
such sort as be Committed to them.
reSonawT 12. It is a comiDtion that bishops should have farther

visit; and . . , .'^

for the per- bouuds to visit nor they may couveniently overtake ; neither

petuity of ...

visitors it is ought any man to have the visitation of churches but he that

referred to O J

son\n*"*''" ^^ chosen by the presbytery.

13. Passed 13. The eldcrsliips Avell established have power to send out

visitors with commission to visit the bounds within their elder-
ship, and after account taken be either continued or changed
from time to time, being subject always to their elderships.

14. Agreed. 14. The Criminal jurisdiction in the person of a pastor is a

corruption.

15. Passed 15. It agrocs not with the word of God, that bishops

should be pastors of pastors, or pastors of many flocks, and
yet be without a certain flock, and no ordinary teacher ; nor
doth it agree with the scripture, that they should be exeemed
from the correction of their brethren, and the discipline of the
particular elderships of the church where they shall serve ;
neither that they usurp the oflice of visitation of other
churches, nor any other function besides that of other minis-
ters, unless the same be committed to them by the Church.

16. Passed 16. Heretofore we desire the bishops that now are, either
''^^' to agree to that order which God's word requires, and not

to pass the bounds prescribed by the general Church, either
in civil or ecclesiastical affairs, or to be deposed from all func-
tion in the Church.

17. Agreed. 17. We deny not in the mean time that ministers may and

should assist their princes, when they are required, in all
things agreeable to the word of God, whether it be in coun-
cil or parliament, or out of council : providing always they
neither neglect their own charges, nor through flattery of
princes hurt the public estate of the Church.
i«.Referrcd. 18. But generally we say, that no pastor under whatso-
ever title of the Church, and specially the abused titles in
popery, of prelates, chapters, and convents, ought to attempt
anything in the Church's name, either in council or parlia-
ment, or out of council, without the commission of the
reformed church within this realm.

A. D. 1578.] CHURCH OF SCOTLAND. 251

19. It is provided by act of pai'liament, that the papistical 19. Agreed
church and jurisdiction shall have no place within this realm, bemadethlt
and that no bishop nor prelate should use any jurisdiction in diminish the

n • f ^ 1 • iTi . patrimony

time coming flowing from the pope's authority : and hkewise of t^'^^^^
that no other ecclesiastical jurisdiction should be acknowledged
within this realm, but that Avliich is and shall be in the re-
formed church, and flowing from the same. And such we
esteem the chapters holden in papistical manner, either of
cathedral-churches, abbeys, colleges, or other conventual
places, usurping the name and authority of the Church, to
hurt the patrimony thereof, or using any other act to the
prejudice of the same since the year 1560, by abusion and
corruption, contrary to the hbcrty of the Church and laws of
the realm ; which therefore ought to be annulled, reduced,
and in time coming utterly discharged.

20. The dependences also of the papistical jurisdiction are gn. That the
to be abolished, of which sort is the mingled jurisdiction of ^se wh^t^"
the commissars, in so far as they meddle with ecclesiastical atlohl^''^
matters, and have no commission of the Church thereto, but thTcom^s-
were elected in time of our sovereign's mother, when things ^"'
were out of order. It is an absurd thing that divers of them,
having no function m the Church, should be judges in deposing
ministers from their places. Wherefore they would be either
discharged to meddle with ecclesiastical matters, or it would

be limited to them in what matters they might judge, and
not hurt the liberty of the Church.

21. They also that before were of the ecclesiastical estate 21. Answer-
in the pope's church, or that are admitted of new to the *^ ''^'"''^'
papistical titles, and now tolerated by the laws of the realm

to possess the two parts of their ecclesiastical rents, ought
not to have any farther liberty, but to intromit with the por-
tion granted and assigned to them for their lifetimes, and not
under the abused titles which they carry to dispone the
church-i'ents, setting in feus and leases the same at their
pleasure, to the great hurt of the poor labourers that dwell
upon the church-lands, and the prejudice of the Church, con-
trary to good conscience and all order.

Chap. 12. Special Heads craved to be reformed.
1. Whatsoever hath been spoken of church oflices, thej^^g^^^^
several power of oflice-bearers, their conjunct powers, and

252 THE HISTORY OF THE [a. D. 1578.

last of the patrimony of the Church, we understand it to be
the right reformation which God requires, but because some-
thing would be touched in particular concerning the estate of
the country, and that which we crave presently to be re-
formed in the same, we have collected them in the heads
following : —

2. Agreed. 2. Seeing the whole country is divided in provinces, and

these provinces in parishes, as well to landward as in towns,
in every parish and reasonable congregation there would be
placed one or more pastors, and no pastor or minister be bur-
dened with the charge of more churches than one allenarly.

3. Agreed. 3. And bocause it will be thought hard to find out minis-

ters to all the parish churches of the realm, we think, by the
advice of such as the prince or Church may appoint, parishes
in small villages, or to landward, may be united, and the
principal or most commodious church, at which the minister
resides, repaired sufficiently ; the rest that are not found
necessary being suffered to decay, and the church-yards re-
served for burial-places. As also where the congregation is
too large, the same would be divided.

4. Agreed. 4. Doctors would be appointed in universities, colleges, and

other places needful for opening the scriptures, and teaching
the rudiments of religion, who would also be sufficiently
provided.

5. Deferred ^- As to cldors, there would be in every congregation one
jota^g^'of 01' more appointed for censuring of manners, but not an as-
churches. gembly of elders, except in towns and famous places, where

men of judgment and abihty may be had : And these to have
a common eldership placed amongst them, to treat of all
things that concern the congregations of whom they have the
oversight.

6. Agreed as 6. And as there ought men to be appointed for the dividing

depending ,. ° iit . i

on the for- or unituig of panshos, as need and commodity requn^es ; so by
the general Church, with the consent of the prince, some
that fear God, and know the estate of the countries, would
be chosen to design the places where the particular elderships
should convene ; taking consideration of the dioceses, as they
were divided of old, and of the estate of the countries and
provinces,
over^^he 7. Likowiso concorning provincial and synodal assembUes,
provincial cousideration would be taken how many, and in what places

assemblies. "

A. D. 1578.] CHURCH OF SCOTLAND. 253

they should convene, and how often ; the same must be re-
ferred to the liberty of the general Church.

8. The national assemblies, called commonly the general, before!**^ ^'
ought to be maintained in their liberty, and have their own

place, with power to the Church to appoint times and places
of meeting ; and all men, as well magistrates as subjects, be
subject to their judgment in causes ecclesiastical, without
reclamation or appellation to any judge, civil or ecclesiastical.

9. The liberty of electing persons to ecclesiastical func- ^\^f^ll^ f
tions, observed without interruption so long as the Church

was not corrupted by Antichrist, we desire to be restored and
retained within this realm ; so as none be intruded upon any
congregation, either by the prince or any other inferior per-
son, without lawful election and the assent of the people over
whom the person is placed, according to the practice of the
apostolic and primitive church.

10. And because this order cannot stand with patronages lo.Referred.
and presentation of benefices used in the pope's church, we

desire all those that truly fear God to consider that patron-
ages and benefices have no ground in the word of God, but
ai-e contrary to the same, and to the liberty of election of
pastors, and ought not now to have place in the light of re-
formation. And therefore whosoever will embrace the light
of God's word, and desires the kingdom of his son Jesus
Christ to be advanced, would also embrace and receive the
policy Avhich the word of God craves, otherwise it is in vain
that they have professed the same.

11. Notwithstanding, for other patronages of benefices not "u'^jfj^t^e
having curam animarum, such as chaplainries, prebendaries, paruament.
founded upon temporal lands, annuals, or such like, they may

be reserved to the ancient patrons, and be disponed by them
to scholars, bursars, when they fall void, as they are required
by act of parUament.

12. As to the church-rents in general, we desire that JotKSd*^
order be maintained and admitted which may stand with the ofdeacoi^s.
sincerity of God's word and practice of the Church of Christ

in the purest times thereof : that is, that the whole patrimony
of the Church (the small patronages before mentioned being
excepted) may be divided in four portions, one thereof to be
assigned to the pastor for his entertainment and keeping hos-
pitality ; another to the elders, deacons, and other officers of

254 THE HISTORY OF THE [a. D. 1578.

the Church, as clerks of assembhes, takers up of psalms,
beadles, and keepers of the Church, so far as they are ne-
cessary, joining therewith the doctors of schools, for help of
the old foundations where need requires ; the third portion
to be bestowed upon the poor members of Christ ; and the
fourth upon the reparations of churches, and other extraor-
dinary charges, that are profitable to the Church and com-
monwealth.

13. We desire therefore the ecclesiastical goods to be up-
lifted and faithfully distributed by the deacons, to whose
office the collection and distribution belongeth, that the poor
may be answered of their portion, the ministers not distracted
from their callings, and the rest of the thesaurie of the Church
bestowed upon the right uses.

14. If these deacons be elected with such qualities as God's
word requires, there is no fear to be taken of their abuse ;
yet because this vocation appears to be dangerous to many,
let them be obliged, as they were of old, in an yearly account
to the pastors and eldership ; and, if the Church and the
prince think expedient, let surety be found for their fidehty,
and that the church-rents shall no way be dilapidated.

15. And to the effect this order may take place, all other
intromitters with the church-rents, collectors general or
special, whether by the appointment of the prince or other-
wise, must be discharged of farther intromission, and suffer
the church-rents hereafter to be wholly intromitted with by
the deacons, and distributed to the uses before mentioned.

16. And also to the effect that the ecclesiastical rents may
suffice to these uses, we desire all alienations by feus or leases
of the rents of the Church, as well lands as tithes, in diminu-
tion of the old rentals, to be reduced and annulled, and the
patrimony of the Church fully restored. As likewise that in
time coming the tithes be set to none but to the labourers of
the ground, as was agreed, and subscribed by the nobility, or
then not set at all.

Chap. 13. The Conclusion, showing the Utility that shall
flow from this Reformation to all Estates.

1. Seeing the end of this spiritual government and policy
is, that God may be glorified, the kingdom of Jesus Christ

A. D. 1578.] CHURCH OF SCOTLAND. 255

advanced, and they who are of his mystical body live peace-
ably, keeping a good conscience ; we do boldly affirm that all
who have true respect to these ends will even for conscience
cause gladly agree, and conform themselves to this order,
advancing the same so far as lies in them ; that their conscience
being set at rest, they may be replenished with spiritual
gladness in giving full obedience to God's word, and refusing
all corruption contrary to the same.

2. Next, this realm shall become an example and pattern of
good and godly order to other nations, countries, and
churches professing the same religion; that as they have
praised God for our continuing in the sincerity of the word
without all errors, so they may have the like occasion when
we shall conform ourselves to that discipline, policy, and
good order which the same word and purity of reformation
craves at our hands : otherwise that fearful sentence may be
justly said to us, " That servant that knoweth the will of his
Master, and doth it not," &c.

3. Moreover, if we have any pity or respect of the poor
members of Jesus Christ, who so greatly increase and multiply
amongst us, we will not suffer them to be longer defrauded
of that part of the patrimony of the Church that justly be-
longeth to them. And by this order, if it be duly put in
execution, the burden of the poor shall be taken off the
comitry, and the streets cleansed of their cryings and mur-
murings, so as we shall not be any more a scandal to other
nations, as we have hitherto been.

4. Besides, it shall be a great ease and commodity to the
whole commons, relieving them of the building and repairing
of their churches, bridges, and other like public works ; it
shall bo a relief to the labourers of tlie ground in payment of
their tithes, and all other things wherein they have hitherto
been rigorously used by them that were falsely called church-
men, and their taskmen, factors, chamberlains, and extor-
tioners.

5. Finally, to the king's majesty and estate this profit
shall redound, that the affairs of the Church being sufficiently
provided according to the foresaid distribution, the superplus
may be liberally bestowed for the supporting of the prince's
estate, and the affairs of the commonwealth.

6. So to conclude, all being willing to apply themselves to

256 THE HISTOIIY OF THE [a. D. 1578.

this order, the people suffering themselves to be ruled ac-
cording thereto, the princes and magistrates not exempted,
and they that are placed in the ecclesiastical estate ruling and
governing rightly, God shall be glorified, the Church edified,
and the bounds thereof enlarged, Christ Jesus and his king-
dom advanced, Satan and the kingdom of darkness subverted,
and God shall dwell in the midst of us to our comfort in
Jesus Christ, who with the Father and Holy Ghost abideth
blessed in all eternity. Amen.

This was the form of policy presented to the parliament,
and the effect of the commission granted for the same.
Such general heads as did not touch the authority of the
king, nor prejudge the liberty of the estate, were easily
agreed. The rest were passed over or deferred, as we have
seen, to farther reasoning ; which could not after this time
be obtained of the council, one excuse or other being still
pretended. The ministers perceiving they would not speed
this way, did in their next Assembly resolve to put their
conclusions in practice, without insisting any more for rati-
fication thereof. And beginning with Mr James Boyd,
archbishop of Glasgow, whom they hoped to find most tract-
able, he was desired to submit himself to the Assembly, and
to suffer the corruptions of the episcopal estate to be re-
formed in his person. After long reasoning kept with him
by the moderator David Ferguson and some others, he pre-
sented this answer in writing.

" I understand the name, office, and reverence given to a
bishop to be lawful and allowable by the scriptures of God ;
and being elected by the Church and king to be bishop of
Glasgow, I esteem my calling and office lawful, and shall
endeavour with all my power to perform the duties required,
submitting myself to the judgment of the Church, if I shall
be tried to offend, so as nothing be required of me but the
performance of those duties Avhicli the apostle prescribeth.
As to the rent, living, and privileges granted to me and my
successors, I think I may lawfully and with a good conscience
enjoy the same. And for assisting the king with my best
service in council and parHament, as my subjection ties me
thereto, so I esteem it no hurt, but a benefit to the Church,
that some of their number should be always present at the

A. D. 1578.] CHURCH OF SCOTLAND. 257

making of laws and statutes ; wherein for myself I neither
intend, nor by the grace of God shall ever do anytliing but
that which I believe may stand with the purity of the word
of God, and the good of the Church and country."

This answer read in open Assembly was judged insufficient,
and he required to bethink himself better, and be present in
the afternoon. But he excusing himself, retui'ned not to the
Assembly : whereupon commission was given to Mr Andrew
Hay, Mr Andrew Melvill, and some brethreu in the west,
to urge his subscription to the act made at Stirling for re-
formation of the estate episcopal ; and, if he did refuse, to
proceed against him with the censures of the Church. The
bishop taking grievously these proceedings, and having re-
ceived about the same time a great wrong at the hands of
his cousin Robert Boyd of Baldinheth, by the demolishing
of the house of Lock wood, which is in the barony of Glasgow,
contracted a melancholy, whereof he died not long after at
Glasgow. Nothing did more grieve him than the ingratitude
of Mr Andrew Melvill and his uncourteous forms. He had
brought the man to Glasgow, placed him principal in the college,
bestowed otherwise liberally upon him, and was paid for this
his kindness with most disgraceful contempt. In private and
at the bishop's table (to which he was ever welcome) no man
did use him with greater respect, giving him his titles of
dignity and honour ; but in the public meetings, where he
owed him greatest reverence, he would call him by his
proper name, and use him most uncivilly. The commission
of the Assembly he exerced with all rigour, and by threaten-
ing the bishop with the censures of the Church, induced him
to set his hand to certain articles which, as he professed in
his sickness, did sore vex his mind ; yet being comforted by
Mr Andrew Polwart, sub-dean of Glasgow, he departed this
life in great quietness. He was a wise, learned, religious
prelate, and worthy to have lived in better times than he
fell into. His corpse was solemnly buried in the quire of the
cathedral, and laid in the sepulchre of Mr Gavan Dunbar,
one of his predecessors.

The small respect carried to bishops in these assembhes of
the Church made them to dishaunt and come no more unto
the same. Yet matters went on ; and because the arch-
bishop of St Andrews did absent himself, commission was

VOL. n. 17 .

258 THE HISTORY OF THE [a. D. 1578.

given to certain of their number to call him before them, and
charge him to remove the corruptions in the estate of bishops
in his own person, which they reckoned to be seven ; ordaining
him, and the bishops that would submit themselves to cor-
rection, to set their hands to the conditions following : —

1. That they should be content to be ministers and pastors
of a flock.

2. That they should not usurp any criminal jurisdiction.

3. That they should not vote in parliament in name of the
Church, unless they had a commission from the General
Assembly.

4. That they should not take up, for maintaining their am-
bition, the rents which might maintain many pastors,
schools, and poor, but content themselves with a reason-
able portion for discharging their office.

5. That they should not claim the title of temporal lords,
nor usurp any civil jurisdiction, whereby they might be
withdrawn from their charge.

G. That they should not empire over presbyteries, but be
subject to the same.

7. That they should not usurp the power of presbyteries,
nor take upon them to visit any bounds that were not com-
mitted to them by the Church.

Lastly, it was provided, that if any more corruptions should
afterwards be tried, the bishops should agree to have
them reformed.

What troubles hereupon arose, both in the Church and
country, we shall afterwards hear.

In Glasgow the next spring there happened a little dis-
turbance by this occasion. The magistrates of the city, by
the earnest dealing of Mr Andrew Melvill and other minis-
ters, had condescended to demolish the cathedral, and build
with the materials thereof some little churches in other parts,
for the ease of the citizens. Divers reasons were given for
it ; such as the resort of superstitious people to do their
devotion in that place ; the huge vastness of the Church,
and that the voice of a preacher could not be heard by the
multitudes that convened to sei'mon ; the more commodious
service of the people ; and the removing of that idolatrous

A. D. 1578.] CHURCH OF SCOTLAND. 259

monument (so they called it), which was of all the cathedrals
in the country only left uuruined, and in a possibility to be
repaired. To do this work, a number of quarriers, masons,
and other workmen was conduced, and the day assigned
when it should take beginning. Intimation being made
thereof, and the workmen by sound of a drum warned to go
unto their work, the crafts of the city in a tumult took
arms, swearing with many oaths, that he who did cast down
the first stone should be buried under it. Neither could
they be pacified till the workmen were discharged by the
magistrates. A complaint was hereupon made, and the
principals cited before the council for insurrection : where
the king, not as then thirteen years of age, taking the pro-
tection of the crafts, did allow the opposition they had made,
and inhibited the ministers (for they were the complainers)
to meddle any more m that business, saying, " That too
many churches had been already destroyed, and that he would
not tolerate more abuses in that kind."

A little before this time the abbot of Dunfermline, being
returned from England, related in council the effects of his
negotiation, and was approved by all. For that which he
had in commission touching the Lady Lennox, he remitted
the answer to the queen's own letters dehvered to the king.
Concerning the disorders fallen out in the borders, the queen,
he said, did accept the excuse he made in good part, saying,
she was assured that both the king and council were offended
therewith, and that she was content the same should be re-
dressed by the advice of the wardens on both sides ; onl}^ de-
sired that in time coming the king would make choice of Avise
and experienced men, incUned to peace and justice, to com-
mand in those parts. As to the league, he declared that the
queen had a good incUnation unto it, holding the same a most
sure means to repress the practices of enemies both at home
and abroad : But in regard he had no warrant to descend
into particulars, he had abstained from any dealing therein,
and could not but testify that he saw in her a great care of
the king his good estate, and that both he and his message
were most kindly accepted.

The king in this meantime, to pacify the borders which
were broken loose, chiefly in the west parts, gave the Lord
Ruthvcn a commission of lieutenandry, which he discharged

260 THE HISTORY OF THE [a. D. 1579.

with great commendation ; and bringing with him the Lord
Maxwell, who was warden of the bounds, returned to Stirling
the twentieth of January. A frequent council was there kept
for the time, wherein the Lord Maxwell being challenged
of negligence in his office, did answer, " That he had only
the title of a warden, and that the limitations of his charge,
and the exemptions granted to the gentlemen of the country,
made the office needless and contemptible. But if the king
should be pleased to discharge the exemptions, and give him
a free commission, such as his predecessors were wont to
have, he should strive to do his best service to his majesty
and the country." This answer was not well taken, and the
Lord Herries (as one known to have greatest experience in
these matters) being desired to give his opinion, delivered the
same in a long speech to this purpose. " Your majesty,"
said be, " hath in dehberation a business of great importance,
whereof it were more fitting any man should give his opinion
than 1, by reason of the suspicion I stand in with the present
warden ; for what I say will be interpreted to proceed of
spleen, and of a desire to have the charge taken from him, and
not of any care I take of your majesty's service, or the good and
benefit of the country : yet seeing your majesty commands me
to speak, I will rather hazard on such misinterpretings, than
keep back anything which I know to be useful and necessary
for the errand. And what I speak, I desire it to be under-
stood of the west marches only, to which my experience
chiefly reacheth. But because the evils would first be known,
I will begin at them, and then propone the fittest and most
easy remedies to my conception. Sire, a little before the
death of your majesty's noble grandfather. King James the
Fifth, some few disloyal subjects of this realm fleeing into
England, did plant themselves in a parcel of waste ground
that lies opposite to the west borders of Scotland, and being
maintained by the English grew unto such numbers, and
became so insolent, as they made daily incursions upon the
country. Your majesty's grandfather did hereupon employ
certain forces against them, intending to sack and destroy
their houses, and make them unable from thenceforth to
annoy his subjects. But these forces not being rightly
governed, and lacking the provision that was required for
such an enterprise, were put to the worse, and shamefully

A. D. 1579.] CHURCH OF SCOTLAND. 261

discomfited. At that time, what by ransoming prisoners,
what by the spoil they got, they gained above one hundred
thousand marks, wherewith, and by the depredations they
have made since that time, they are become wealthy, have
built eight or nine strong houses upon the frontiers of your
realm, that no warden's power is able to force. They have
joined in alliance with divers of our own borderers, as wickedly
disposed as themselves, and are so feared, that every man is
glad of their friendship, without which none is thought to
have any surety either of life or goods. When your grand-
father departed this life, which was in the year 1542, they
did not exceed the number of twenty or thirty men at most.
Now they are grown to three or four hundred, dwell nigh
to others, are well armed, have good horses, and upon a
simple shout are ready to join in defence one of another.
The borderers on the Scots side are not in this condition ;
for the space of twenty miles there is not a strength in which
an honest man may sleep safe, no town nor stronghold to
retire unto in time of necessity, neither is the country
populous, nor is it fruitful, the ground being a pasture ground,
barren, and profitable only for bestial ; the people that in-
habit the same poor, unruly, and not subject to order. So
what for the number of these wicked men that live in the
English borders, what for the ill disposition of our own, it is
a charge most difficult to guard these marches, and to contain
the people from doing or receiving wrong. The only remedy
in this time of peace is, to keep our own countrymen in awe
and fear of justice, so as neither they break loose themselves,
nor have any dealing with their neighbours under hand in
their wicked practices. And how this may be done most surely,
your majesty and this honourable council is to think ; my
opinion I .have set down in some articles, which I humbly
submit to your majesty's and council's censure."

Having thus spoken, he presented a writing containing these
heads : —

1. That the warden should make his residence in Lochmaben
with his family ; and if in the winter season he made his
stay in Dumfries, he should depute a sufficient gentleman
for holding courts of justice weekly, according to the
ancient form.

262 THE HISTORY OF THE [a. D. 1579.

2. That the warden should be assisted with five or six of
the wisest men in the country, of which number two should
be of the name of Johnston ; and lest their chief should
think the warden's proceedings against his followers partial,
and done out of old rancour, that a moderate course should
be kept in the confiscation of their goods, the half being
allowed to the wives and children of them that should
happen to be convicted and executed, and the other half
disponed to the laird of Johnston himself.

3. That the barons and landed men within the bounds should
present their tenants and servants as they should be re-
quired, and no man be excused or exempted.

4. That the Lords Carhsle and Herries, the lairds of Drumlan-
rig, Applegarth, Lagge, and Johnston, should remain nigh
to the warden ; and when the Lord Maxwell hath not the
charge, that he be obliged to dwell in the house of Langholm ;
or if he be warden himself, that he maintain a captain therein
with twelve horsemen to be ready upon all occasions.

5. That the warden be allowed a guard of twenty -four horse-
men with their captain, who shall be laid in the town of
Annan,

6. That the king's houses of Lochmaben and Annan, with
the watch-tower called Repentance, be repaired, a great
bell and fire-pan put into it, with some honest man to
watch and give warning to the country where the fray is,
and a husband land allowed him for his service.

7. That the lands called the debateable lands be visited, that
it may bo known how much thereof is claimed by the broken
men of the country to be their steadings, and security taken
of them for keeping good order.

8. That days of truce be kept every forty days once, or
within two months at least, and such as shall be found to be
robbed of their goods be redressed to the double, and with
safer, according to the law of marches.

Lastly, that his majesty every year in the month of Sep-
tember send one or two of the council to try the estate of
the country, what duty the warden doth, and if the barous
and landed men do give their assistance ; that where any
defect is found the same may be punished.

At these articles the Lord Maxwell took exception, espe-

A. D. 1579.] CHURCH OF SCOTLAND. 263

cially at the first and second : for the house of Lochmaben
he said was his own, as heritable steward of Annaudale ; and
that any part of the escheats should be given to the laird of
Johnston, he held it prejudicial to the warden's ofiice, and
said it would be an occasion for other barons to suit the like.
But that which did most displease him (though this he dis-
sembled) was, that any should be joined with him as assisters,
for he would needs be absolute in these parts, and have all to
depend of him ; which ambition he still nourished, and there-
by in end wrought his own ruin. Yet the king, not wilHng
to displace him (for he understood his power to be great in
these marches), made offer to continue him in the charge, and
to allow him a company of twenty-four horsemen with a cap-
tain for repressing the outlaws, upon three conditions. First,
that he should take the advice of the barons of the country
in all affairs, and proceed in the ministering of justice by their
counsel. Next, that none should be declared fugitives but by
their consents. And, thirdly, that the servants of landed
men should not be apprehended, till their masters were first
charged to exhibit them, unless they were taken in the fact,
and, as they speak, with the red hand. He excusing himself,
and professing a great willingness to give his attendance to
any other whom his majesty should appoint, the Lord Her-
ries was chosen warden, and the custody of the west marches
committed to him.

In the beginning of this year (to wit, upon the twenty-
fourth of April) the earl of Athole died at Kincardine of a
sickness contracted in Stirling, where he and some other
noblemen had been feasted by the earl of Morton ; and, as
report speaketh always the worst of great men's deaths, so
the rumour at this time went, that Morton had made him
away by poison ; which his lady and friends did so strongly
apprehend, as when the council was examining the physi-
cians that embalmed his corpse, whether they perceived any
sign of poison at his unbowelling, they took open protesta-
tion, that the trial of the council should not prejudge the
criminal pursuit which they intended before the justice. And
albeit the physicians did, upon their oaths, declare that his
death was not caused by any extraordinary mean, yet the
scandal was fostered a long time by a sort of rhyming libels,
which were afterwards tried to be composed by one Turnbull,

264 THE HISTORY OF THE [a. D. 1579.

a schoolmaster at Edinburgh, and another called William
Scot, who were executed for the same at Stirling in the end
of the summer.

A consultation was held at the same time in Stirling for
punishing the murderers of the two regents, which by the
edict of pacification was delayed unto the king his assuming
of the government in his own person. Touching the form of
proceeding, the opinions of those that were privy to the busi-
ness were different : for some thought that the persons who
were suspected should be summoned to a day, and form of
process kept with them ; others judged that there needed no
such formahty, seeing the authors were known, and the sen-
tence of forfeiture pronounced against them stood unreduced.
To use a citation, they said, was to give them warning to
flee, whereas, otherwise they might be taken unprovided, and
brought to their censure. At last it was agreed that a com-
mission should be given to some noblemen that had power,
and affected the business, to apprehend them. This commis-
sion was given to the eai'ls of Morton, Mar, and Eglinton,
and to the lords of Ruthven, Cathcart, and Boyd ; which
was not so closely carried, but advertisement went to the
Lord Hamilton and his brother Lord Claud, so as they
escaped. The Lord Hamilton, going on foot through the
most part of England in the habit of a seaman, fled into
France. Lord Claud, after he had lurked a while amongst
his friends at home, found refuge in the north parts of Eng-
land. Others of their friendship who stood in fear saved
themselves where best they could.

Upon the report of their escape, charges were directed for
rendering the houses of Hamilton and Draffan, which be-
longed to the earl of Arran their elder brother, and were
possessed by the Lord Hamilton as administrator to his
brother, because of his decease. The earl of Arran himself
they had kept in the castle of Draffan, attended by some ser-
vants, and he was known to have no part in any of these
facts wherewith they were charged, so as by way of justice
his estate could not fall under forfeiture ; yet some colour of
right behoved to be made for bringing the same under the
court's disposing. Jo this effect it was devised, that a com-
plaint should be preferred in the name of the earl of Arran
and his majesty's advocates, bearing the miserable condition

A. D. 1579.] CHURCH OF SCOTLAND. 265

of the said earl, and how he was detained in close prison by
his two brothers without fire, air, and the company of his
honest friends ; his living violently possessed by the conimen-
dator of Aberbrothock, his sheriffship of Lanark usurped,
himself denied the benefit of marriage, and debarred from
succession against all law : for if he was an idiot or furious
(as they gave out), he ought to have had curators given him
by the king ; and if he was mentis compos, it was an intoler-
able wrong to use him in that sort. Therefore desired letters
to be directed for his exhibition before the council, that it
might be known in what estate he was, and an honourable
provision appointed unto him, such as befitted his birth and
condition. This desire being judged reasonable, summons
were directed against the two brothers that were fled, and
they not appearing at the day were denounced rebels. But
this not suflicing to work their ends, the disobedience of the
keepers in not rendering the strengths, when they were
charged, was made the earl's crime, and he found to have
incurred the pain of treason ; an act of the greatest injustice
that could be done. Not the less upon this ground were both
the castles at that time demolished, and Captain James Stewart
afterwards preferred to the earldom of Arran.

Whilst these things were doing, Monsieur Nau, a French-
man, secretary to the queen of Scots, came to Stirhng with
letters and some presents to the king ; but, because in the
superscription of the letters he was only entitled prince of
Scotland, the messenger was denied access, and neither his
letters nor presents received. The rest of this summer was
spent for the most part in summoning the gentlemen of the
name of Hamilton, and putting them under surety, that they
should not give supply to the fugitives, and be always ready
to answer before the council when they should be called.
Dame Margaret Lion, countess of Cassils, who not long be-
fore had married the commendator of Aberbrothock, was
suffered to possess the jointure she had by her first husband
upon the hke condition. And because many were put in fear
by this proceeding, that the pacification of Perth should be
altogether annulled, his majesty made a public declaration,
" That what was done in the present pursuit, was only for
punishing the murder of his father and regents (unto which
both in honour and conscience he was tied), and that no

266 THE HISTORY OF THE [a. D. 1579.

article of the pacification should be infringed or called in
question.

In the beginning of July the earl of Athole's funerals were
performed with great solemnity, and his body interred in the
church of St Giles at Edinburgh ; after which Colin, earl of
Argyle, was created chancellor in his place. The king then
resolving to show himself to his people, and to fall into the
exercise of his princely authority, caused proclaim a parlia-
ment to be kept at Edinburgh the twentieth of October.

Whilst things were preparing for his remove, the Lord
D' Aubigny arrived from France of purpose to visit the king,
as being nigh of blood, and cousin-german to his father. The
king receiving him kindly, after a few days' entertainment at
Stirhng took him in company to Edinburgh, when he grew
into such favour by his courteous aud modest behaviour, as
the king would not permit him to return unto France ; and
moving his grand-uncle to resign in his favours the earldom
of Lennox, he gave to him in recompense, the title of the
earldom of March. Soon after the abbacy of Aberbrothock,
which was fallen by Lord John Hamilton's forfeiture, was
bestowed on him, and he preferred to be one of the privy-
council.

This sudden and unexpected preferment got him much
hatred, and being of the Roman profession, his enemies filled
the country with rumours that he was sent from France only
to pervert the king in his religion. Not the less in the par-
liament, which held at the time appointed, divers good acts
were made in favour of the Church; but the matter of juris-
diction, which the ministers did chiefly urge, was put off to a
new commission. Some months before, the king had required
them, by a letter directed with John Duncanson his minister,
to abstain from making any novation in the church-policy,
and to suffer things to continue in the state wherein they
were unto the parliament approaching, without prejudging
the decision of the Estates by their conclusions. But they,
neglecting the lettei', went to examine the conference kept at
Stirhng the year preceding ; and whereas in that conference
divers heads were remitted to a farther consultation, they
ordained nothing to be altered either in form or matter of
that which amongst themselves was concluded. They farther
called the archbishop of St Andrews in question for granting

A. D. 1580.] CHURCH OF SCOTLAND. 267

collations upon some benefices, and for giving voice in parlia-
ment, not being authorized thereto by the Church. This did
so displease the king, as from that time forth he did not
countenance the ministers as m former times, and upon the
complaint of persons who otherwise deserved not much re-
gard (that the Church might find in what need they stood of
his favour), he suifered divers sentences to pass in council,
suspending their censures and excommunications.

This dissension betwixt the king and the Church brought
with it many evils ; for, upon the notice of it, divers Jesuits
and priests did resort into the country, and at home such as
were popishly affected began openly to avow their profession.
In St Andrews, Mr Nicholl Burn, professor of philosophy in
St Leonard's College, made open apostasy from the truth ;
as Mr Archibald and John Hamilton, regents in the new
college, had (not long before) done. In Dumfries, Mr
Ninian Dalyell, schoolmaster, did read to his scholars the
Roman catechism ; and in Paisley a number of papists assem-
bhng together, did in derision sing a soul-mass for the minis-
ters, as if they and their religion had been utterly gone.
These things being complained of, and not much hearkened
to, the ministers in their sermons fell to regret the counte-
nance given to papists in the court, and the dangers wherein
both the king and country were brought by the secret prac-
tices of the French.

The king, to stay these declaimings, which he knew to be
made against the earl of Lennox, called the ministers to
Edinburgh, and showed them what travail he had taken to
convert his cousin, and how he had obtained his consent for
taking a minister in his house, which would be to good pur-
pose, and serve both to debar Jesuits from access to the noble-
man, and win him by conference to a greater liking of the
truth, desiring therefore that one of their number might be
appointed for some short space to attend him. Mr David
Lindsay, then minister at Leith, being held the fittest, as
well for his skill in the French tongue as for his moderation
otherwise, was with the king's approbation nominated to this
service ; by whose labours the nobleman was brought in a
short space to join himself to the Church, and openly in St
Giles to renounce the errors wherein he had been educated.
Yet did not this remove the jealousies of the people, which

268 THE HISTORY OF THE [a. D. 1580.

were increased by the intercepting of certain dispensations
sent from Rome ; whereby the cathohcs were permitted to
promise, swear, subscribe, and do what else should be re-
quired of them, so as in mind they continued firm, and did
use their diligence to advance in secret the Roman faith.

These dispensations being showed to the king, he caused
his minister Mr John Craig form a short confession of faith,
wherein all the corruptions of Rome, as well in doctrine as
outward rites, were particularly abjured, and a clause inserted
(because of these dispensations) by which the subscribers did
call God to witness, that in their minds and hearts they did
fully agree to the said confession, and did not feign or dis-
semble in any sort. This confession the king, for an example
to others, did publicly swear and subscribe ; the hke was
done by the whole council and court ; and observers appointed
to take notice of those that did not resort to sermon, or be-
haved themselves in any sort scandalously. So careful was
the king to have the Church satisfied, and the rumours of the
court's defection from religion repressed.

After this all things continued quiet for a while, till by a
bruit suddenly raised, none knew by whom, the earl of Mor-
ton was taxed for keeping secret intelligence with the queen
of England, and a purpose he had to put the king in her
hands. Morton complaineth of this in council, and desireth
a trial ; but the king, not willing to make business for a tale
whereof the author would hardly be found, put it off, saying
that he knew it to be a lie, and a malicious invention of ene-
mies, and thereupon sent forth a proclamation against lies
and carriers of tales, tending to breed discord betwixt him
and his nobility. Yet, as if some such thing had been feared,
a motion was made some days after in council for guarding
the king's person, and electing of a high chamberlain (which
office none had borne for many years in this kingdom), who
should have twenty-four to attend him, all of them the sons
of barons or noblemen, and be ever at hand to accompany the
king whithersoever he went.

The motion was applauded of all, and after some ten days'
deliberation the earl of Lennox preferred to the place. Alex-
ander Erskine, captain of the castle of Edinburgh, was chosen
to be his deputy, and a roll made of the gentlemen that should
give attendance. These were the masters of Marshal, Rothes,

A. D. 1580.] CHURCH OF SCOTLAND. 269

Cassils, Lindsay, Livingstone, Elphingston, Hemes, and
Ogiivy, the lairds of Cowdenknows, Bargenny, Bomby, Kil-
syth, Minto, Strathurd and MoucrieiF, Mr Mark Ker of Pres-
ton Grange, George Douglas of Rungavy, Captain James
Stewart son to the Lord Ochiltrie, Alexander Ruthven the
commendator of Inchaffray, the prior of Coldingham, Alex-
ander Home of North Berwick, and James Chisholme. As
extraordinaries, the Lord Maxwell, the lairds of Cessford,
Alexander Home of Manderston, and WilUam Stewart of
Caverston, were added to the number. All these took the
oath of fidelity to the king, and obedience to his chamberlain,
in the things they should be directed for his majesty's service.

The earl of Morton, albeit he was much displeased with
these courses, did carry a fair countenance, and conceahng
his discontents waited still on the king, and was assisting in
council and public meetings. Once he minded to have with-
drawn himself from court, and to have lived privately ; but
was detained by a dissension that fell out in the time betwixt
the Lord Ruthven and master of Oliphant, who had married
a daughter of Lochleven ; whom whilst he laboured to pro-
tect, he drew upon himself the hatred of the Lord Ruthven,
and thereby was laid more open to the malice of his enemies.
Sir Robert Bowes being sent at the same time ambassador
from England, to charge the earl of Lennox with some prac-
tices against the peace of the two realms, the blame as well
of his employment as his sudden departing was laid upon
him : for the ambassador's commission and instructions being
questioned, and he desired to exhibit the same before the
council, he refused to show them but to the king himself;
which not being admitted, he went away complaining that
the queen had deserved better than thus to have her ambas-
sage misregarded.

His sudden departure amazed the court not a little, where-
fore to excuse the king, and try what the accusations were
wherewith Lemiox should have been charged, Alexander
Home of North Berwick was sent in commission to England:
but the queen denying him access, he was remitted to the
lord treasurer, who courteously told him, " That the queen
had refused him presence, not for any dislike she had of him-
self, whom she knew to be sound in religion, and one that
loved his king and his country ; but because the king had

270 THE HISTORY OF THE [a. D. 1580.

not used her well, calling in question the credit of her ambas-
sador, and requiring him to show his instructions, which was
strange, he keeping himself within the bounds of his commis-
sion. But your king," saith he, " is young, and misled by
new counsellors, whose fault the queen knoweth it to be ; I
should therefore advise your king to hearken to her majesty's
counsel, who carrieth to him a true motherly affection, and
make more account of her than of his French cousin, who is
subject to the French king, matched with a French woman,
addicted wholly to that faction, and, what profession soever
he maketh, a papist in rehgiou. The Hamiltons," saith he,
" being now exiled, he hopetli to be designed successor and
heir to the crown ; but let your king know that ambition
hath no limits, and that the troubles which the French made
in Scotland are not yet forgotten, which would have perilled
the liberty of that kingdom, if the queen by her prudence
and power had not prevented the same."

The gentleman professing his thankfulness for her majesty's
good opinion of him, answered, " That if he should be per-
mitted to speak with the queen, he would satisfy her majesty
in that point which concerned her ambassador. And for the
king his master, albeit he was young and of few years, yet
God had given him great wisdom and understanding ; and
that he would never willingly do the thing that might dis-
please the queen, nor hearken to any that should otherwise
advise him, for he knew her majesty's good affection, and
would not forget the care she had of him in his tender age.
That he could not be justly blamed for favouring his cousin ;
but as the noblemen (he believed) would never advise the
king his master to any thing that might prejudice the amity
with England, so he was persuaded that his credit did not
extend so far as to make any pubUc breach with the queen."
" But there are more dangerous plots in hand," saith the
treasurer, " than your king is wary of, and it is no wisdom
to put too much confidence in any one person. Always time
will discover the truth of every thing ; at the present you
must have patience, for the queen will not see you." Thus
was he dimitted.

Upon his return, and report of the conference he had with
the treasurer, the king was easily made to beheve that all
proceeded from the earl of Morton and his intelhgence in the

A. D. 1580.] CHURCH OF SCOTLAND. 271

court of England, which by one way or other was held need-
ful to be stopped. After some consultation taken about this,
it was resolved to charge hira with the murder of the king's
father ; for a rumour had gone in former times that he was
conscious and privy unto it. Captain James Stewart (a man
eager to win credit by what means soever) takes the matter
in hand, and coming one day as the king was sitting in council
at Halyrudhouse, desired to be heard. Being admitted,
he fell upon his knees, and directing his speech to the king,
he said, " Out of the duty I owe to your majesty, I am come
hither to reveal a wickedness that hath been long obscured.
The earl of Morton, who sitteth there in a place unseemly
for him, was one of those that conspired your father's death ;
and how dangerous it is to your majesty's person that he
should be so near unto you, let the noblemen here present
consider. For me, I shall make good what I speak, only
let him be committed and put to trial."

The earl rising up with a disdainful smile, answered, " By
whose instigation this gentleman cometh to accuse me I know
not, and I wonder what grounds he buildeth upon in charging
me with this crime ; for none that ever suffered for it did
touch me therewith, and it is known what dihgence and se-
verity I used against those that were suspected of that mur-
der. If I pleased I could many ways decline this challenge,
but my innocency is such as I fear not the most I'igorous
trial. Sir (with this he turned himself to the king and said),
do in it as you please ; either here or before any other judge
I shall be ready to answer, and when my innocency is cleared,
your majesty will think what the malice of those that have
set on this man to accuse me deserveth."

Captain James, sitting all this time on his knees, rephed,
" That by no man's instigation, nor out of any private grudge
of his own, did he intend this accusation, but his detestation
of the fact, and the love of his majesty's safety and honour,
had only incited him thereto. For that he speaks of his
dihgence and severity, let me but ask him," said he, " how
and why he did prefer Mr Archibald Douglas, his cousin, to
the place of a senator in the college of justice, who was known
to have been an actor in that murder, if he himself had no
part in it." As the earl was about to answer, the king com-

272 THE HISTORY OF THE [a. D. 1580.

manded the captain to go forth, and the earl heing likewise
removed, after a short deliberation taken with the council he
was committed in a chamber of the palace, where he abode
two nights. The third day he was conveyed to the castle
with a company of his own friends, who did earnestly move
him to make an escape. But he chiding them with great
bitterness said, " That he had rather die ten thousand deaths
than betray his innocency in declining trial." After a few
days he was removed to Dumbarton castle, that he might be
farther off from liis friends, and kept from all intelligence
with them. The king had sent privily to apprehend Mr
Archibald Douglas, who dwelt then at Morham ; but he,
having notice of the earl's committing, fled into England.

In the July preceding, the Assembly of the Church had
convened at Dundee, where it was concluded, that the office
of a bishop, as it was then used and commonly taken within
the realm, had neither foundation, ground, nor warrant in the
book of God : and thereupon an ordinance was made, that
all persons either called to the said office, or that should be
called thereto at any time thereafter, should be charged to
dimit and forsake the same, as an office whereunto they are
not called by God ; as also to desist and cease from preaching,
ministering the sacraments, or using in any sort the office of
a pastor, till they should be admitted of new by the General
Assembly, under the pain of excommunication. In the end
of the act it was directed, that concerning the patrimony of
the Church possessed by the bishops, the next Assembly
should reason and advise upon the disponing thereof.

Whether the folly or iniquity of this ordinance was greater,
it can hardly be said ; for granting that the office of a bishop
had been as they judged unlawful, there was no reason to
discharge them of using the ministerial office till they should
be received of new. And what a foolish thing was it to
think that the prince and Estates would permit the rents of
the bishops to be disponed at their appetites ! They saw
what was done with the other prelacies, and how the abbots
and priors were no sooner declared to be no office-bearers in
the Church, but presently they turned temporal lords, and
carried the rents with them quite away from the Church.
And could they look for other dealing with the bishoprics ?

A. P. 1580.] CIIUUOII OF SCOTLAND. 273

Sure it wa,s, if the titulars themselves did not find the credit
to enjoy them, that others of the laity would have invaded
the same, as afterwards also they did.

But to pass this, the carl of Lennox desiring by all means
to win the favour of the Church, sent to this Assembly Sir
William Stewart, a brother of Traquair, with a letter to this
effect : " That it was not unknown to them, how it had pleased
God to bring him since his coming into the country to the
knowledge of the truth, which he esteemed more than all
worldly happiness, and that he had made open profession
thereof, first in St Giles's Church at Edinburgh, and after-
wards subscribed the Confession of Faith at Stirling, and was
yet, if any farther was thought needful, ready to perform
whatsoever should be required ; assuring them of his best
service in all things tending to God his glory, and to the
good of the Church, requesting, together Avith the assistance
of their prayers, that he might continue in their good favour."
But all this could not remove their suspicions of his counter-
feiting ; still he was taxed in pubhc sermons, and made odious
to the people. Neither was it long after this Assembly dis-
solved, that John Dury, one of the ministers of Edinburgh,
was called before the council, and committed in the castle for
certain speeches of that kind uttered by him in pulpit ; but
upon the supplication of his fellow ministers, and promise of
forbearing, he was after a short stay in the castle licensed to
return to his charge.

]n October following, Mr John Eow, minister of Perth,
departed this life, who for his piety and singular moderation
deserveth here to be mentioned. In his younger years having
applied his mind to letters, and taking the degree of a master
in arts, he became a pleader in the consistory of St Andrews
(a judicatory then much frequented), and grew to be so
skilled in the canon law, a;S he was chosen to negotiate the
affairs of the Church in the court of Rome. Julius the Third
cUd then govern that see, of whom he was well accepted, and
in possibility to have attained unto some preferment if he
would have stayed there ; for he gained the favour of all to
whom he was knoAvn, and was in special grace with Guide
Ascanius Sfortia, cardinal of Sancta Flora, who made such
account of his skill and knowledge in the laws, that he would
have him pass doctor in the university whereof he was chan-

VOL. II. 18

274 THE HISTORY OF THE [a. D. 1580.

cellor. After some eiglit or nine years' abode in those parts,
coming home to visit his country, and giving account of the
affairs wherewith he had been trusted, he found the state of
the Church quite overturned, and the country all in tumult
by the Reformation which was then in hands. Thereupon
doubting what course to take, and minding to return to Rome,
he was dissuaded by the prior of St Andrews, who held him
in good esteem, and afterwards induced by the persuasion of
John Knox to betake himself to the ministry, which he ex-
ercised a certain space at Kennoway in Fife, till by the
General Assem.bly he was translated to the town of Perth.
There he continued unto his death, which happened in the
year of our Lord 1580, and of his age the fifty -fourth. A
man whilst he lived well respected, and much lamented at
his death by the people whom he served.

In January next Sir Thomas Randolph came ambassador
from England. His errand was to intercede with the king
for the earl of Morton his liberty ; to which purpose, having
called to mind the services done by the nobleman in his
majesty's minority, and chiefly the dihgence he had used
in finding out and punishing the murderers of his father,
which by the malice of his adversaries was now laid to his
charge, he requested in the name of the queen his mistress,
that the nobleman might be released from his ward, declaring
that her majesty would esteem it a singular kindness done
unto her, and otherwise would take it ill to be denied in so
just and reasonable a matter. The king, after he had heard
him patiently, made answer, " That the many good offices he
had received from his sister the queen did tie him to a
thankful requital, but in that particular which touched him
so nigh (the trial of his father's murder), he knew she would
excuse him ; always, because of her intercession, he would be
the more careful to have the trial rightly carried, and as hb-
erty had been given to his adversaries to accuse, so the like
and greater should be allowed him for his defence."

The assembly of the Estates being called at the same time,
and the ambassador pretending that his instructions concerned
them in a part, did in the hearing of them all charge the
earl of Lennox as one that had travailed to divert the king's
mind from keeping friendship with England, and done be-
sides many ill offices since his coming to Scotland, both to the

A. D. 1580.] CHURCH OF SCOTLAND. 275

king and kingdom. " For lie hath put," said he, " the
king's most faithful subjects and servants from theu" places,
brought in others nothing so trusty, stirred up the king
against the ministers of God's word, making no other account
of them than as of seditious railers and turbulent persons ;
he hath loosed the borders," said he, *•' and made justice
there to cease, and hath practised with foreign princes for
the invading of England ;" which he offered to manifest by
letters intercepted and brought to the queen his mistress.
" But this beyond all measure doth grieve her, that a prince
of such hopes, joined in such nearness of blood, and for whom
she had taken so great care, should be thus misled and
abused by wicked devices. If such a person ought to be
tolerated to possess the king, him alone, and rule all things
at liis pleasure, your honours may judge." This discourse
moved few or none, the wiser sort esteeming the letters he
produced counterfeit, as afterwards also was known.

This com'se not prevailing, he dealt privately with the
friends of Morton, and those that he knew envied Lennox
liis credit, to take arms, and procure both Morton's liberty
and the banishment of the earl of Lennox ; assuring them of
aid both of men and moneys from the queen of England ;
and by his persuasions brought the earls of Argyle, Montrose,
Angus, ]Mar, and Glencarne to enter into a confederation
for performance both of the one and other. But this com-
bination held not long, being quickly discovered and broken.
Of all the number Angus and Mar only stood firm, resolving
to hazard all rather than Morton should perish.

The queen of England, to make good her ambassador's
promise, sent down at the same time certain forces to the
borders ; which troubled the court a Httle, but was to no
purpose, only it gave occasion to hasten Morton's trial and
execution. The king, not to be taken unprepared if invasion
should be made by England, sent forth proclamations, com-
manding all the subjects to be in readiness for resisting such
attempts ; and withal levied some companies of horse and
foot to guard his person against any sudden assault. Next,
a course was taken for confining those of Morton's friendship
in some remote parts of the realm, and the earl of Angus
charged to keep ward beyond the river of Spey, the laird of
Lochleven being benorth the water of Cromarty. The lairds

276 THE HISTORY OF THE [a. D. 1581.

of Mains and Carmichael, with Morton's two natural sons,
James and Archibald, were cited to appear before the coun-
cil. The laird of Johnston was discharged of his wardenry
in the west marches, and the Lord Maxwell put in his place.
Angus, for not entering within the time prefixed, was de-
nounced rebel, and prohibitions made to reset or supply him
in any sort under pain of treason. Mains, Carmichael, and
Morton's two sons not appearing before the council, were
likewise proclaimed rebels.

This rigorous proceeding, and a fear the ambassador took
that his practices were discovered, made him to depart
secretly to Berwick. Sir John Seaton, master of the horse,
was thereupon directed to complain both of his deahngs and
of the forces sent unto the borders in a time of peace ; but he
was stayed at Berwick, and not suffered to go any farther.
Then order was taken for bringing Morton to his trial, and
commission given to the earl of Montrose and Captain James,
who was then first styled earl of Arran, to make his convoy
to Edinburgh. When the commission was showed to the
earl of Morton, and that he found named in it James earl of
Arran, he wondered what man he was, for he knew the earl
of Arran to be deceased, and had not heard that Captain
James did assume that title. Thereupon, asking the keeper
of the castle who was earl of Arran, when it was answered
that Captain James Avas the man, after a short pause he said,
" And is it so? I know then what I may look for ;" mean-
ing, as was thought, that the old prophecy of the falling of
the heart by the mouth of Arran should then be fulfilled.
Whether this was his mind or not, it is not known ; but some
spared not at the time when the Hamiltons were banished, in
which business he was held too earnest, to say, that he stood
in fear of that prediction, and went that course only to dis-
appoint it. But if so it was, he did find himself now deluded,
for he fell by the mouth of another Arran than he imagined.
Howsoever it was, this is sure, that the news did at first
. perplex his mind not a little, and that, after this time, he
gave over all hope of life.

Being brought to Edinburgh, his process was made the
first of June. The indictment charged him with conspiring
and concealing the murder of King Henry, and of being art
and part (as the phrase is) in committing the same. He

A. D. 1581 ] CHURCH OF SCOTLAND, 277

denied all, and pleaded not guilty. The jurors being called,
he excepted against Argyle, the Lord Seaton, and the laird
of Waughton ; yet they were all received upon their purga-
tion, that they had not given any counsel to his hurt or pre-
judice. This done, and they all sworn according to the
custom, they went apart, and after they had consulted a while,
returning into the court, the earl of Montrose, chancellor of
the assize, declared him convict of counsel, concealing, and
being art and part in the king's murder. At these last words
he showed himself much grieved, and beating the ground
once or twice with a little staff he carried in his hand, said,
"Art and part, art and part! God knoweth the contrary."
When doom was given that he should be taken to the place
of execution, hanged on the gibbet, have his head cut off, his
body quartered and affixed in the most pubhc places, ho
uttered not a word, nor did ho seem to be moved therewith ;
and because it was drawing towards night, he was conveyed
back to the lodging wherein he was kept.

In the morning Mr James Lawson with two or three other
ministers did visit him. They asking how he had rested
that night, he answered, that of a long time he had not slept
more soundly : " Now I am," saith he, " at an end of my
troubles ; some nights before my trial I was thinking what
to answer for myself, and that kept me from sleep, but this
night I had no such thoughts," Then falling to speak of
his present case and the sentence pronounced against him,
they said that he should do well to unburthen his mind, and
declare what his part was in the king's murder. He answered
with a great attestation that he never gave consent to that
wicked fact. " The Earl Bothwell," said he, " upon my re-
turn from England (where I remained a while, because of
Seigneur Davie's slaughter), came to me in Whittingham,
and after a long discourse brake the matter unto me, saying
that the queen would have the king taken away, for that she
blamed him more of Davie's murder than all the actors ; and
asked what would my part be therein. I made him this
answer, that being newly relieved of a great trouble, I would
not willingly enter into another, and that I would have no
meddling in that business. He, not satisfied with my answer,
insisted to have me consent, saying, the queen would have it
done. If so be, said I, bring me the queen's handwriting,

278 THE HISTORY OF THE [a. D. 1581.

that I may know that it is her mind. This he never did ;
and if he had brought it, I was fully resolved to have turned
my back upon Scotland, and banished myself, till I saw
better times." Next, they inquired whether Mr Archibald
Douglas had any dealing with him in that purpose. Where-
unto he answered, that Mr Archibald (being at that time a
depender upon Bothwell) did bring him (he being then at
St Andrews) a letter from Bothwell, containing credit, and
that he travailed to persuade him to give his assistance to
that fact ; but he excused himself, because he saw no warrant
from the queen, as Bothwell had promised. After the murder
committed, he said that Mr Archibald came again unto him,
and told him that he did accompany Bothwell and Huntly to
the place, and was assisting to the fact. " Therefore can I not
deny," saith he, " that I foreknew and concealed the same ; but
to whom should I have revealed it ? for the king, when he was
advertised of the danger, would not believe it. But they
have condemned me of art and part," said he, " which is
more than conceaUng ; but as I wish God to be merciful to
me now at my last, I never gave counsel nor consent thereto."
The ministers replying that he could not justly complain of
the sentence, being guilty of foreknowledge and concealing
by his own declaration, he acknowledged the same to be true :
but, saith he, " it would have gone alike with me if I had
been as innocent as St Stephen, or as guilty as Judas. But
of that I am not to complain, nor will I stand to my justifica-
tion, being assured, howsoever men have carried themselves
in it, God hath dealt justly with me ; and that I am to suffer
nothing but that which I have merited, yea worse."

This confession reported to the king, the rigour of the
sentence was mitigated, and order given that he should be
beheaded only, and his body committed to burial. In the
afternoon, when it was told him by his keeper that the time
was come, and all things were in a readiness, he said, " I
praise God I am also ready ;" and making forth was met by
the earl of Arran in the very entry, who desired him to stay
and subscribe his confession. He answered, " I pray you
trouble me not, for I am now to prepare myself for death,
and cannot write in this estate." The earl ceasing to urge
that point any farther, desired he might be reconciled with
him, protesting that he had done nothing upon any particular

A. D. 1581.] CHURCH OF SCOTLAND. 279

grudge. He answered, " It is no time to reckon quarrels, I
forgive you and all others." When he was come to the
scaffold, which was erected in the public street, he repeated
the substance of his confession ; and in some few words ex-
horted the people to continue in the profession of true re-
ligion, and maintain it at their power, entreating them to
assist him with their prayers to God. The chief minister
did then conceive a prayer, during the time Avhercof he lay
prostrate upon his face, and Avas greatly moved, as appeared
by the rebounding of his body with many sobs and sighs.
The prayer ended, divers came to be reconciled with him,
whom he received very kindly : all the rest that were on
the scaffold he took by the hand, bidding them farewell, and
going towards the block, laid down his head, and cried aloud,
" Into thine hands, O Lord, I commit my spirit : Lord
Jesus receive my soul." Which words he was still uttering
whenas the axe fell and cut off his head. His corpse left on
the place lay from the hour of execution to the sun-setting,
covered with a beggarly cloak, every man fearing to show
any kindness, or so much as to express a sign of sorrow.
His corpse was afterwards carried by some base fellows to the
common sepulture, and his head fixed on the Tolbooth.

Never was seen a more notable example of fortune's muta-
bihty. He who a few years before had been reverenced of
all men and feared as a king, abounding in wealth, honour,
and numbers of friends and followers, was now at his end
forsaken of all, and made the very scorn of fortune ; to
teach men how Httle stability there is in honour, wealth,
friendship, and the rest of those worldly things which men so
much admire. He was of personage comely, of a mean [middle]
stature, a graceful countenance, and singular courage, whereof
in the civil troubles he gave many proofs ; wise and able for
government, a lover of justice, order, and policy ; but inclined
to covetousness, which the wants and necessity he endured
in liis younger years was thought to have caused ; and given
too much to the pleasures of the flesh, as at his dying he ac-
knowledged with a great remorse. In this lastly most happy,
that though his death in the world's eye was shameful and
violent, yet did he take it most patiently, quitting this life
with the assurance of a better.

The day following, the earl of Arran in council made a

280 THE HISTOHY OF THE [a. D, 1581.

discourse of his proceedings in the trial of Morton, declaring
what he had done, and how, to come to the knowledge of the
fact for which he had suffered, he was forced to use some ri-
gorous dealing towards his servants, and put certain of them
to the torture : lest this should be imputed to him as a crime,'
his desire was to have his majesty's and the council's appro-
bation. This was easily obtained, and an act made ratifying
all that he had done in that business, as good service to his
majesty and the estate. Yet was it well enough known, that
the inquisition he made upon Morton's servants was to find out
where his gold and money was hidden, and for no purpose else.
Near about the same time he took to wife the earl of March
his lady, a woman intolerable in all the imperfections incident
to that sex. She had forsaken her husband not long before,
and obtained sentence against him for alleged impotency ; yet
was she known to be with child even then by Arran, which
made the process on her part more shameful. Nor was his
part a whit better, nay rather much worse, having been a
long time entertained in the nobleman's house, and furnished
by him in every thing necessary, whilst his estate was but
yet mean ; to have repaid the nobleman so dishonourably,
was accounted a vile ingratitude. The marriage always
went on, and their unlawful love held that way legitimated.

In August next, the earl of Lennox was created duke of
Lennox, Lord Robert Stewart, uncle to the king by his
mother, made earl of Orkney, William lord Kuthven earl of
Gowrie, and John lord Maxwell earl of Morton. Arran,
although he had assumed the title before, would then also be
created earl, wliich was done with great solemnity, and the first
place bestowed on him, for he would not endure to be second
to any, and took so ill the credit which he saw the duke
carried with the king, as he spared not to afi'ront him at all
occasions. The laird of Farniherst was then newly returned
from France, where he had lived divers years in exile, and
by the duke's favour, to whom the king could deny nothing,
had a respite given him for certain crimes committed in the
king's minority. As it was passing in council, the earl of
Arran did protest against it, alleging an oath made at Stir-
ling by the counsellors, not to give way to respites or remis-
sions granted to the king's enemies. Herewith the duke
offended, and a great heart-burning grew amongst them,

A. D. 1581.] CHURCH OF SCOTLAND. 281

which in the parliament kept at Edinburgh in the month of
October following burst forth in an open breach. The
question was about some privileges belonging to the chamber-
lain in time of parliament, which Arran would not acknow-
ledge, taking upon him, as captain of the guard, to place
near unto the king whom he pleased. The duke not enduring
this insolency, absented himself from parliament ; which did
so irritate the king, as the next day he went to Dalkeith,
taking the duke with him, and charged Arran not to come
towards court. Many were glad to see them thus committed
amongst themselves, and for a while matters went so hot, as
it was not expected the discord should be suddenly appeased.
The duke had the advantage of the king's favour ; Arran
strengthened himself with the common cause, giving out that
the quarrel was for religion, and for opposing the duke's
courses, who craftily sought the overthrow thereof. And all
the time the frowning of the court continued, you should have
seen him and his lady repair so devoutly to sermon and
prayers, that the people believed this to be the ground of the
dissension, and that he was only disliked for his sincerity in
religion. But Arran knowing this would not long bear
out, and fearing to lose the king's favour altogether, he em-
ployed some friends to make offer of satisfaction to the duke ;
and in end, things were so composed as Arran did quit the
commandment of the guard, and the charge thereof was
given to the duke.

To return to the matters of the Church. There was a
general synod this year kept at Glasgow in the month of
April, wherein the question of bishops was again agitated ;
and because of the scruples which some brethren had at the
act concluded at Dundee the year preceding, especially where
it was said that the office of a bishop had no warrant of the
word of God, the Assembly declared, that their meaning was
to condemn the estate of bishops as they were then in Scot-
land. A number of the more wise and moderate sort inter-
ceded that the conclusion of that matter might be for a time
deferred, because of the inconveniences it would draw upon
the Church ; but they were cried down by the multitude.
Amongst others, one Mr Hobcrt Montgomery, minister at
StirUng, was so fervent in the cause, as he would have the
Assembly censure those that had spoken in defence of that

282 THE HISTORY OF THE [a. d. 1581.

corrupted estate. Yet before the end of that year this
zealous man did suffer himself to be more pitifully corrupted,
the story whereof shall now be related. The see of Glas-
gow being then void, it was suggested to the duke of Lennox
by some flatterers, that he had a fair occasion presented to
make himself lord of that city, and of the lands pertaining to
that see, if he should only procure a gift thereof to some
one that would make a disposition of the same to him and
his heirs. The offer was made to divers, who refused all,
because of the condition required. At last the agents in that
business fell upon this Montgomery, who was content to ac-
cept it. A gift was thereupon formed, and a bond given by
him, " That how soon he was admitted bishop, he should
dispone the lands, lordships, and whatsoever belonged to
that prelacy, to the duke and his heirs, for the yearly pay-
ment of one thousand pounds Scots, with some horse-corn
and poultry." A vile bargain it was, for which justly he
ought to have been repulsed. But the Church passing this
point, made quarrel to him for accepting the bishopric, which
the king would not acknowledge to be a reason sufficient.
" If they could charge him with any fault in doctrine or life,
he was content they should keep their order ; but to challenge
him for accepting the bishopric, he would not permit the
same, having lately ratified the acts agreed upon at Lcith,
anno 1571, touching the admission of bishops, and ordained
the same to stand in force until his perfect age, or till a
change was made thereof in parliament,"

This related to the Church, they did appoint Montgomery
his life and doctrine to be inquired upon, if possibly they
could find any matter against him : which done, an accusation
was framed, and he cited to answer in the next Assembly.
The Articles laid to his charge were these : —

1. That he, preaching at Stirhng, had proponed a question
touching the circumcision of women, and affirmed they
were circumcised in the skin of their forehead.

2. That, teaching in Glasgow, he should say, the disciphne
of the Church was a thing indifferent, and might stand
this or that way.

3. That he called the ministers captious, and men of curious
brains.

A. D. 1581.] CHURCH OF SCOTLAND. 283

4. That lie laboured to bi'ing the original languages in con-
tempt, abusing the words of the apostle in the 1 Cor. 14,
and jestingly asked, In what school were Peter and Paul
graduated ?

5. That to prove the lawfulness of bishops in the Church, he
had used the examples of Ambrose and Augustine.

6. That in his doctrine he said it was sufficient to baptize in
the name of the Father only, or in the name of the Son, or
in the name of the Holy Ghost, seeing they are all one
God ; and to that effect alleged the nineteenth of the Acts.

7. That he should have called matters of disciphne, and the
lawful calling of the Church, trifles of policy.

8. That he charged the ministry with sedition, warning them
not to put on or off crowns ; for if they meddled therewith,
they would be reproved.

9. That he condemned the particular application of Scripture,
disdainfully asking. In what Scripture they found a bishop
for a thousand pounds, horse-corn, and poultry, &c.

10. That he oppugned the doctrine of our Saviour, speaking
of the number of the wicked and them that perish.

11. That he denied any mention to be made in the New
Testament of a presbytery or eldership.

12. That he accused the ministers of pasquils, lying, back-
biting, &c.

13. That the Church being traduced with infamous libels,
he did not only not find fault therewith, but seemed to ap-
prove the same, having used in his preaching the very
words of the libel cast in the king's chamber against the
ministers.

14. 'That these three months past he had been negligent in
doctrine and discipline, and given no assistance to the
eldership.

The articles were sent to the king by some ministers, who
were desired to show his majesty that the accusation was not
founded upon the accepting of the bishopric, but upon er-
roneous points of doctrine. The king answered, " That
whatsoever colour they gave to the process, he knew that his
yielding to accept that place was the true quarrel ; and for
himself, albeit he loved the religion, and agreed fully there-
with, he allowed not divers heads of their policy ; always,

284 THK HISTORY OF THE [a. D. 1581.

for the particular in hands, he would leave the man to make
his own answer." This reported to the Assembly, they went
on with the accusation, and Montgomery being called, Mr
Andrew Melvill became his accuser. The articles upon
his denial were admitted to probation, but few of them were
verified ; yet the conclusion of the Assembly was, that ha
should continue in his ministry at Stirling, and meddle no
more with the bishopric under pain of excommunication.
Meanwhile the presbytery of Stirhng (for they had now
erected presbyteries in divers places of the country) was
enjoined to try his conversation, and how he did exercise
discipline, if possibly any thing might be found against him
that way.

It fell out at the same time, that Mr Walter Balcanquel, one
of the ministers of Edinburgh, did utter some reproachful
speeches in a sermon against the duke of Lennox, saying,
" That Avithin these four years popery had entered into the
country and court, and was maintained in the king's hall by
the tyranny of a great champion, who was called Grace.
But if his Grace continued in opposing himself to God and
liis word, he should come to little grace in the end." The
king, advertised of this, sent James Melville his servant to
complain to the Assembly, requiring some order to be taken
therein. The minister being put to his answer, said, " That
he praised God for two things : first, that he was not accused
for any thing done against his majesty and the laws ; secondly,
that he perceived the Church had obtained some victory ;
for when he was last questioned for his sermon, the council
did make themselves judges of ministers' doctrine ; now that
he saw the complaint remitted to the Assembly, he was glad,
and willingly submitted his doctrine to their trial : only, that
he should not give advantage to his enemies, he desired the
apostolic canon to be kept, which prohibiteth an accusation
to be received against an elder but under two or three
witnesses."

Mr Thomas Smeton and David Ferguson were upon this
directed to show the king, that the Assembly was willing and
ready to try the complaint, but withal, that the liberty
craved by the person accused could not be denied, he being
a presbyter. So, if it should please his majesty to send an
accuser assisted bv two or three witnesses, the accusation

A. D. 1582.] CHURCH OF SCOTLAND. 285

should be received, and justice done. The king not liking
this answer, for he knew the difficulties he should have to
find out an accuser, followed the business no more : but the
minister, not contenting that the cause should thus desert,
would needs have the judgment of the Assembly whether or
not he had uttered in his sermon any scandalous or offensive
words ; for they had been all auditors of that he spake.
This being put to voices, the Assembly declared his doctrine
to have been good and sound, and that he had given no just
offence thereby to any person. When this was told the
king, he was much offended ; for not many days before,
when as the same minister, with his colleague John Dury, was
called to give account of some speeches they had uttered in
pulpit, it was excepted, " That the king and council could
not be judges of their doctrine;" and now, saith he, having
complained to themselves, and they being auditors of the
speeches, when he expected some censure to be inflicted, they
had justified all that was spoken, and so Avould force him to
take other courses than ho desired to follow.

But to return to Montgomery his cause, tlie ministers of
Stirling, as they were enjoined, made a visit of the church,
to try what they could find against him. All they got de-
lated was, that he had baptized some children begotten in
fornication, not calling the offenders before his session.
Upon this delation he was cited to appear, and because he
kept not the diet, suspended from his function. He not the
less preached still, and exercised all the parts of his ministry,
as in former times, which they took to be a high contempt,
and therefore did summon him to the Assembly which was
shortly to meet at St Andrews, to hear their sentence ap-
proved, and to answer to such other things as in that meeting
should be laid to his charge : and because they understood,
that against the inhibition of the last Assembly he was still
labouring to secure himself in the bishopric of Glasgow, and
had cited the chapter before the council for refusing to con-
vene to his election, they likewise charged him to compear
before the synod of Lothian, to hear the sentence of excom-
munication pronounced against him.

The king being informed of this, caused warn the synod
to appear the twelfth of April at Stirling, discharging in the
mean time all proceeding in the business. Mr Robert Pout,

286 THE HISTORY OF THE [a. D. 1582.

and with him a few others, compearing at the day, he in name
of the rest protested, " That albeit they had compeared to
testify their obedience to his majesty, yet they did not ac-
knowledge his majesty and council judges in that matter, the
same being a cause ecclesiastic, and that nothing done at
that time should prejudge the liberties of the Church and
laws of the realm." This protestation the council rejected,
inhibiting the ministers to use any proceeding against Mont-
gomery; which, because of the General Assembly's approach-
ing, they yielded unto, only they caused charge him to
appear before the Assembly. When the diet came he
appeared, and first protesting for remedy if they should use
him wrongfully, he said, that the process of Stirling could
not be allowed, for that he was never lawfully summoned to
hear any sentence given against him. The presbytery of
Stirhng remitting themselves to the process, the Assembly
declared the same to be rightly deduced, and ratified the
suspension pronounced. As they were proceeding to his
censure for contempt of the sentence, Mr Mark Ker, then
master of requests, presented a letter from his majesty, in-
hibiting them to trouble the bishop for any thing that con-
cerned the bishopric, or whatsoever cause preceding; for
that the king would have those things heard and handled in
his own presence. The Assembly answered, that, because of
his majesty's request, they should look more carefully to the
business, and see all things carried rightly and according to
justice.

The master of requests replying that his majesty had
willed them by his letter to desist, and treat no more of that
business, Mr Andrew Melvill, who presided for the time,
answered, " That they did not meddle with things belonging
to the civil power, and for matters ecclesiastic, they were
warranted to proceed in these, specially with one of their
own number." He perceiving that, notwithstanding of his
majesty's letter, they would proceed, caused a messenger of
arms, whom he had brought with him, charge them under
pain of rebellion to desist. Then was Montgomery called to
see if he would abide by the charges used at his instance ;
but he was retired to his lodging, and could not be found,
and the night drawing on, was appointed to be summoned to
the next morning to receive his censure. At the hour ap-

A. D. 1582,] CHURCH OF SCOTLAND. 287

pointed, one William Montgomery having procuration from
him appeared, and appealing from the Assembly to the king
and council, gave this for a reason amongst others, " That
he who was his accuser in the last Assembly was turned to be
his judge." But the Assembly rejecting the appellation, fell
presently a-reading the enorm crimes (so they called them)
whereof he was guilty ; nor was there any thing omitted
that served to aggravate the same ; corruption in doctrine,
dissoluteness of life, contempt of the Church's sentence,
falsehood and breach of promise, lying, perjury, moving of
sedition, and stirring up certain of the nobility against the
Church. Of all these he was declared culpable, and ordained
therefore to be deprived, and cast forth of the Church.

How soon he heard that this conclusion was taken, his cour-
age, which seemed before high and resolute, began to cool ;
whereupon presenting himself to the Assembly, he renounced
his appeal, desiring conference of some godly and learned
brethren : which granted, he was induced by them to confess
his oifence in divers particulars, submitting himself to the
will of the Assembly, and in end, to promise solemnly in the
presence of the whole number that he should meddle no
farther with the bishopric of Glasgow, and neither accept
of it nor of any other office in the Church, without the ad-
vice and consent of the General Assembly. Yet this gave
not an end to the business ; for how soon he returned to
the court, and perceived the king's countenance cast down
upon him for that he had done, he undertook of new to
settle himself at Glasgow, and had letters from his majesty
to the gentlemen of those parts to assist him. At his coming
to Glasgow with purpose to preach the Sunday following, a
number of the students in the college entered into the church
on Saturday night, and excluding him, did keep the chair for
Mr Thomas Smeton their principal; who taking for his
theme that saying in the gospel, " He that enters not by the
door, but by the window, is a thief and a robber," inveighed
against the bishop for his simoniacal entry, and the levity he
had showed in all his proceedings. The next Sunday the
bishop with a great convocation of gentlemen came to the
church, and displacing the ordinary preacher, Mr David
Wemyss, made the sermon himself. The presbytery of
Glasgow intending process against liim for molestation of the

288 THE HISTORY OF THE [a. D. 1582.

church, and usurping the place of the ordinary preacher,
Matthew Stewart of Minto, provost of the city, came and
presented a warrant from the king to stay all proceedings
against the bishop, wilHng them to desist. Mr John Howe-
son, minister at Cambuslang, moderating in his course (as
the custom then was), and replying somewhat peremptorily,
that notwithstanding his warrant they would proceed, some
words of offence passed, Avhcreupon the provost, pulling him
from the seat, made him prisoner in the Tolbooth.

The rumour of this fact ran quickly through the kingdom,
and a solemn fast being kept by the appointment of the
former Assembly, the causes whereof were made to be the
aboundauce of sin, the oppression of the Church, the dilapi-
dation of the rents, and the danger wherein the king stood
by the company of wicked persons, who did seek to corrupt
him in manners and rchgion, the insolency committed at
Glasgow was likewise adjected, and furnished matter of long
discourse to the preachers. Amongst others John Dury did
exclaim mightily against the duke of Lennox, upon whom
the blame of all things was laid, and thereby did so irritate
the king as he would needs have him removed forth of the
town. Charges to that effect were directed, commanding the
magistrates within the space of twenty -four hours to remove
him ; who not daring disobey, yet being unwilling to use
their minister in that sort, travailed with him to depart
quietly, and leave the town. The minister proponing the
case to the General Assembly (for upon advertisement given
by the ministers of Edinburgh they were there convened),
desired their advice : " For to leave his flock at the pleasure of
the court," he said, '• might work a prejudice to the Church;
and to depart privately, as the magistrates advised him,
might be imputed to fear, or then make him to be thought
guilty of some fault." The brethren after a short consulta-
tion did advise him to stay till he should be commanded to
depart, and then obey. Meanwhile Mr Thomas Buchanan
and David Ferguson were sent to the king, who was then at
Stirhng, to entreat his majesty's favour unto him, and there-
with to request a continuation of the diet for the appearing
of the ministers of Glasgow at Perth. The king, desiring to
have matters quieted, answered the last proposition first,
saying, " That if the Assembly would delay the process

A. D. 1582.] CHURCH OF SCOTLAND. 289

which they had against the provost of Glasgow and his
assisters, he would likewise dispense with the appearing of
the ministers at the appointed time." And as to John Dury
he said, '• that upon his supplication, how soon the duke re-
turned to court, whose interest was greatest in that business,
order should be taken with him, and consideration had of the
Assembly's request." But they not satisfied herewith, striving
to make good what they had taken in hand, went on with
the process of Glasgow, and leading probation against Minto
and the rest, decerned them to be excommunicated and cast
forth of the society of the Church ; only the pronouncing of
the sentence was delayed, till they saw what course was kept
with their brethren before the council.

Mr John Davidson, then minister at Liberton, pretending
a warrant from the Church, had in his private parish pro-
nounced Bishop jNJontgomery excommunicate, which (albeit
done against all form) was allowed, and intimated in all the
churches of the country. The duke of Lennox notwith-
standing did still entertain him in his company, and at some
occasions had made Piim to preach publicly. Thereupon Mr
Alexander Arbuthnot and Mr Adam Johnston were directed
by the Assembly to intimate unto the duke his excommunica-
tion, and the acts of the Church against such as kept excom-
municate persons in their company. The duke taking them
up somewhat hotly, asked, " Whether the king or the
Church were superiors ;" and thereafter answered them
directly, " That he was commanded by the king and council
to entertain him, which he would not forbear to do for any
fear he had of their censures." This amongst other griev-
ances of the Church was ordained to be represented to his
majesty by the commissioners appointed to attend the council
at Perth. But touching this the king answered, " That the
excommunication was null, and declared such by the council,
as being pronounced against equity and all lawful form, no
citation being used, nor any admonition preceding, which all
laws and even their own disciphne appointed to be observed."
To their other grievances they received general answers ;
and for the brethren of Glasgow, their trial was continued to
the tenth of September next.

Before which time the surprise of the king's person at
Ruthven fell out, which altered the state of all affairs. Some

VOL. n. 19

290 THE HISTORY OF THK [a. D. 1582.

of the nobility combining themselves for defence of religion
and the liberty of the kingdom (as they pretended), upon
notice of the duke and Arran's absence from the court, placed
themselves about the king, and detained him some days at
the house of Ruthven, The principals in this attempt were
John earl of Mar, WiUiam earl of Gowrie, Patrick lord
Lindsay, Robert lord Boyd, the masters of Glammis and
Oliphant, the abbots of Dunfermline, Paisley, Dryburgh,
and Cambuskenneth, the lairds of Lochleven, Easter Wemyss,
Ckish, and the constable of Dundee. The king at their first
coming suspected there was some practice in hand, yet dis-
sembled the matter, thinking to free himself the next day
when he went abroad to his sport. But as he was about to go,
the master of Glammis stept to the door of the parlour, and
told him he must stay. The king asked the reason ; he
answered, he should know it shortly. When he saw it to be
so, and found his liberty restrained, he grew into a passion, and
after some threatening speeches burst forth into tears. The
master seeing him weep, said, " It is no matter of his tears,
better that bairns should weep than bearded men." Which
words entered so deeply into the king's heart, as he did never
forget them. The news went quickly of the noblemen's being
at court in such numbers ; which made the earl of Arran to
haste thither ; for he held himself assured of the earl of
Gowrie's friendship, as being of his alliance, and having kept
one course in the pursuit of the earl of Morton ; his only
fear was, that he should be stayed by the way, therefore
having crossed the ferry, he singled himself from his com-
pany, and taking one only servant Avith himself, directed his
brother, William Stewart, to keep the highway with the
rest. By this mean he did escape those that lay in wait for
him, and came in the evening to Ruthven. When he had
entered the gate he asked what the king was doing, as mean-
ing to go directly to him ; but was conveyed to another room,
and told that he must have patience, and think his fortune
good that he was come to that place with his life saved ; and
so he himself judged, when a little after he heard that the
horsemen which lay in wait of him, and encountered his
brother nigh unto Dupplin, after divers wounds given him,
had taken him prisoner.

A day or two after some noblemen employed by the duke

A. D. 1582.] C'HUUCII OF SCOTLAND. 291

of Lennox, who remained then in Dalkeith, came to court,
but were not permitted to speak with the king, nor see him,
except in council. Being examined what their business was,
they told that the duke of Lennox had sent them to learn of
the king in what condition he was ; and that if he was detained
against his will, as the rumour went, he might, with the as-
sistance of other good subjects, see him made free. The
king presently cried out that he was captive, which he
desired all his subjects to know, and that the duke should do
what he might to procure his Uberty. The lords prayed his
majesty not to say so, " for that he should not be denied to
go whither he pleased, only they would not permit the duke
of Lennox and earl of Arran to mislead him any longer, and
oppress both church and kingdom, as they had done. Where-
fore he should do well to cause the duke retire himself quietly
to France, otherwise they would be forced to bring him to an
account of his doings, and proceed against him with rigour of
law." This they willed the same noblemen whom he had sent
to signify unto the duke, and that they were resolved to
maintain what they had undertaken, at the utmost hazard of
their lives and estates.

After they were gone, the king's anger being somewhat
assuaged, and fearing the duke's case more than his own, he
was moved to send forth a proclamation to this effect : " That
for pacifying the present commotions, and removing some
differences fallen out amongst the nobihty, his majesty had
thought it expedient to interpose himself a mediator ; and for
the better working of a union amongst them, had resolved
to make his residence in Perth for a time, till he saw what
good effect his travails might produce. And lest his stay in
those parts should be interpreted to be a detention of his per-
son, because of the noblemen and others that had lately
repaired to court, his majesty declared, that it was his own
free and voluntary choice to abide there ; and that the
noblemen and others who did presently attend had done
nothing but what their duties obliged them unto, and which
he took for a good service performed both to himself and to
the commonwealth : therefore inhibited all the subjects to
attempt any thing that might tend to the disturbance of the
realm; commanding them also that had levied any forces
upon pretext of his majesty's restraint, to dissolve the same

292 THE HISTORY OF THE [ \. D. 1582.

within six hours under the pain of death." This proclama-
tion was dated at Perth the twenty-eighth of August, some
six days after the surprise of his person at Ruthven.

The duke in the mean time was gathering forces, and
grown to be strong by his friends and others that repaired
unto him ; when a letter came from the king, signifying that
it was his pleasure he should leave the realm, and depart
forth thereof before the twentieth of September. The letter
he communicated to his friends, who did all advise him to
retire unto Dumbarton, where he might with more safety
stay a while, and if he found not an opportunity to right him-
self, should have good occasion of shipping for France. When
he was come thither, the resort of noblemen, barons, and
others was so great unto him, that the nobility offending
therewith, directed letters, charging him to live more private
with his ordinary retinue, and all others that were in his
company to return to their houses within twelve hours after
the charge, and not to come nigh the part where he remained,
or should happen to reside, during the time of his abode in
the country.

The bruit of this change being carried to England, the
queen sent Sir Henry Gary and Sir Robert Bowes unto the
king, to advise him, in regard of the danger he was fallen
into by the perverse counsels of the duke and earl of Arran,
to take in good part the lords' enterprise, and restore the
earl of Angus, who had lived exiled in England since the
time of Morton's execution. This last they obtained with no
great difficulty, so as the nobleman was soon after reconciled
and accepted in favour. But to the first point, the king hav-
ing a suspicion that the attempt was not made without the
queen of England's knowledge, he gave good general answers,
whereby it was hoped that upon the nobleman's good be-
haviour in a short time his offence would be mitigated. The
king also conceiving that a gentle usage would bring them to
reconcile with the duke of Lennox, began to give them a more
gracious countenance than before. But he found them un-
tractable, and not without great instance did purchase their
consents to a few days' prorogation of his departing, upon
promise that he should be pursued as a rebel if he went not
away at the time appointed, wind and weather serving. Yet
was his going put off upon divers occasions till the midst of

A. D. 1582.] CHURCH OF SCOTLAND, 293

December, at which time he was forced to depart, as we shall
hear.

The lords in the mean while, careful to strengthen them-
selves, brought the king to Halyrudhouse in the beginning of
October ; knowing that the people of Edinburgh did affect
their enterprise; as appeared by the reducing of John Dury
their minister immediately upon the news of the king's re-
straint, and the triumph they made, singing as they went up
the street the hundred and twenty-fourth psalm, " Now Israel
may say," &c. They understood also that the Assembly of
the Church was to convene in the same town the ninth of
that month, and doubted not to find them favourable enough.
To this Assembly Mr William Erskine (styled then com-
meudator of Paisley) was sent by the noblemen, to declare
that the causes moving them to that enterprise were the
evident peril they perceived the religion was brought unto,
with the disorders and confusions introduced into the state :
whereof having discoursed a while, he came in end to desire
the Assembly's approbation of their proceedings, as that which
would encourage them much, and dishearten the common ad-
versary. This proposition made, first it was voiced, Avhether
the dangers of the Church and disorders of State were such
as in their hearing Avere related ; Avhich being affirmatively
answered by the whole Assembly, Mr James Lawson, Mr
David Lindsay, and Mr John Craig, were appointed to
signify unto the king what the Assembly had found, and to
reqmre his own judgment therein. The king, esteeming it
most sure for himself to temporize, said, " That he believed
religion was in hazard, and indirect courses taken to overturn
the same, wherewith he acknowledged his own danger to be
conjoined ; and for abuses crept into the commonwealth, as
they were too many, so he expected that all good subjects,
and they for their own parts, would help to remove the
same." This answer returned to the Assembly, they con-
cluded an act in this form.

" Forasmuch as the noblemen and others joined with them
in the late action of reformation, out of a desire to have the
Church and whole professors of the true rehgion understand
the grounds and occasions moving them to repair towards the
king's majesty, to seek redress of the disorders fallen out in
the commonwealth, have made public and solemn attestation

294 THE HISTORY OF THE [a. D. 1582.

to the whole Assembly, that the motions and grounds of their
enterprise were, and are, to deliver the Church of God
within this realm, and the true rehgion therein professed,
from the evident peril and danger wherein all men perceived
the same to stand ; as likewise to guard and preserve the in-
nocent person of the king his majesty and estate, being in no
less hazard than the other, and to remove the corruptions and
confusion entered into the body of the commonwealth : wherein
as they are well persuaded themselves to have done good
service to God, and to have performed their duty to their
sovereign and country, so they wished all that feared God
should judge and esteem well of their action, especiall}^ that
the brethren of this Assembly sliould declare their good liking
and approbation thereof, and ordain all the pastors and min-
isters within the realm to pubhsh in their particular churches
the causes and grounds moving them to the said enterprise ;
exhorting all noblemen, barons, and other faithful subjects to
give their best concurrence and assistance thereto. The
Assembly, having weighed the said desire with the whole cir-
cumstances thereof, have in the fear of God, after mature
dehberation, resolved, found, and voted, no man gainsaying,
that not only the Church of God within this realm, and true
religion professed in the same, but also the king his most
noble person and royal estate, were and stood in extreme
danger and hazard, besides the manifold gross abuses that
had invaded the commonwealth, before the late enterprise,
which his majesty had acknowledged and professed to the
commissioners of the present Assembly : And that therefore
the said brethren could not but think their Honours, employing
themselves hereafter for averting the like dangers, to have
done good and acceptable service to God, their sovereign,
and native country ; and that the prosecution thereof, all
partiality set aside, will be acceptable to all that fear God,
and tender the preservation of the king's person, and pros-
perous estate of the realm. And to the effect the same may
be made the more manifest and notorious, it is thought ex-
pedient that all the ministers within the realm, upon the first
occasion, shall pubhcly declare unto their particular flocks
the peril wherein the Church of God and true religion, the
king his most noble person and estate, stood, with the grounds
that moved the said noblemen unto the late action, recom-

A. D, 1582.] CHURCH OF SCOTLAND. 295

mending the same to the consideration of all good subjects,
exhorting them, as tliey tender the glory of God, and love
the preservation of the king and country, faithfully to con-
cur and join with the said noblemen in prosecuting the said
grounds, to the full deliverance of the Church, and perfect
reformation of the commonwealth. And if any should be
found either by Avord maliciously, or violently by way of
deed, to oppose themselves to that good cause, they shall
be called before the particular elderships, and order put unto
them by the censures of the Church ; and, in case of their
wilful and obstinate continuing therein, be delated to the king
and council, to be punished for their offence civilly."

This act, of the date the thirteenth of October 1582, was
published in all the churches of the realm, to the offence of
many good men, who were grieved to see a bad cause thus
coloured and defended. But the lords, knowing that this
approbation could not secure them, had laboured the king to
convocate the Estates for the same purpose. The eighteenth
of the same month being appointed for their meeting, there
came to the convention for the church estate, the archbishop
of St Andrews, the bishops of Dunkeld and Orkney, the
abbots of Dunfermline, Newbottle, Paisley, Dryburgh,
Cambuskenneth, Culross, Inchaffray, Coldingham, and
Pittenweem. Of the nobility, there were present the earls of
March, Erroll, Marshal, Bothwell (who some few months be-
fore returned from beyond sea). Mar, Rothes, Glencarne,
Eglinton, Gowrie, and Morton, the Lords Lindsay, Home,
Ogilvy, Herries, Boyd, Cathcart, and Sinclair. But from
the burghs there came not any commissioners, nor could they
be moved to countenance that action in any sort ; conceiving,
as it fell out, that how soon the king obtained his hberty, he
would censure and condemn the fact as treasonable.

To these, always, that convened, the king had a speech
much to this effect : " That of all the vexations he had tried
since his acceptation of the government in his own person,
the distraction of the nobiUty was the greatest, and at the
present did grieve him most ; for the removing whereof he
had called them together, and expected their best counsel
and help. In other things, he said, that needed reformation,
he would be willing to follow their advice." One of the lords,
1 find him not named, made answer, " That the dissensions

296 THE HISTORY OF THE [a. D. 1582.

of the nobility were caused chiefly by some that, having his
majesty's ear, did abuse his favours, ruhng all things at
their pleasure, and disdaining the advice of other fellow-
counsellors." Then falling into particulars, he said, " That
the duke of Lennox and earl of Arran had misgoverned all
affairs, and brought divers abuses into the state, which, un-
less some noblemen had taken a course to remedy by their
repairing to his majesty, both rehgion and state in a short
time had been subverted." After this, the earls of Mar,
Gowrie, and Glencarne, who had been the chief actors in
that attempt, rose up, and having declared the cause which
moved them to take that action in hand, did humbly offer to
submit themselves to the censure of his majesty and the
Estates ; and thereupon removing themselves forth of the con-
vention, it was found and declared, " That in their repairing to
the king upon the twenty -second of August last, and abiding
with him since that time, they had done good, thankful, and
necessary service to the king and country. Also that their
taking of arms, making of conventions, entering in conflicts,
taking and detaining of prisoners, contracting of leagues and
bonds, and all other deeds done by them, which might ap-
pear to be against his majesty's authority, in so far as the
same was done without his highness's warrant, should be re-
puted and esteemed good service done to the king and state ;
and that they and their partakers should be exonered of all
action, civil or criminal, that might be intended against them,
or any of them, in that respect : inhibiting therefore all the
subjects to speak or utter any thing to the contrary, under
the pain to be esteemed calumniators and dispersers of false
rumoui's, and to be punished for the same accordingly."

This declaration passed, it was ordained that the earl of
Arran should be detained in the castle of Ruthven till the
duke was gone out of the realm, after which he should be
confined on the north of the water of Earn : and that four
companies should be levied upon the pubhc charges, two of
horsemen and as many foot, to guard the king and noblemen
who did attend him, till the present troubles were quieted.
Then were some grievances proponed in name of the Church,
but these were laid by till another time, the lords not willing
to irritate the king for such matters, having once secured
themselves.

A. D. 1582.] CHURCH OF SCOTLAND. 297

The duke, to keep the word which the king had given for
his departing, took shipping in the west parts about the
midst of October, and being hindered by couti*ary winds, fell
sick at sea. The king, advertised of his ill disposition, ad-
vised him to travel through England in regard of the winter
season, and to remain at Blackness till a safe conduct was
procured from the queen. He had not stayed many days
there, when a rumour was raised, as was thought, by his
enemies, that he was to be brought again to court, and the
lords turned out, or used with more violence. This made a
new stir ; whereupon the Lord Herries was sent to command
him to begin his journey, and to be in Berwick the twenty-
second day of December. He craved to see the king and be
permitted only to salute him ; but this being denied, he de-
parted in great heaviness.

In the beginning of January two ambassadors arrived, sent
by the French king, the one named Monsieur la Motte, the
other Monsieur Menevil : La Motte came by England (with
vv-hom came alongst Mr Davidson, ambassador from Queen
Ehzabeth), the other by sea ; both having the same instruc-
tions, which were, to work the king's liberty in the best sort
they could, to confirm his mind in the love he bare to the
French, and to renew the purpose of association. This last
business was set on foot the year before, and almost con-
cluded in this sort : " That the Queen of Scots should com-
municate the crown with her son, and both be joined in the
administration of affairs ; that so he might be acknowledged
for a lawful king by all Christian princes, and all domestic
factions suppressed." But upon the duke's sequestering from
court, it was left oft' and not mentioned again till now. The
Assembly of the Church in the last meeting had made this
one of their special grievances, and complained of it as a
most wicked practice. And now the ministers of Edinburgh,
hearing that purpose to be moved of new by the French
ambassadors, declaimed bitterly against them in their ser-
mons ; especially against La Motte, who, being a knight of
the order of St Esprit, did wear the badge of a white cross
upon his shoulder. This they called " The badge of Anti-
christ," and him " The ambassador of the bloody mur-
derer," meaning the duke of Guise, who, they said, procured
him to be sent hither.

298 THE HISTORY OF THE [a D. 1582.

It grieved the ambassadors much to hear these outcries
which daily were brought unto them ; but perceiving the
king's authority not able to restrain the liberty which the
preachers had taken, they did not complain, but urged
earnestly their dimission. The king, desirous to entertain
the ancient amity betwixt the two nations, and dimit them
with some contentment, desired the magisti\ates of Edinburgh
to give them a feast before their parting. To impede this
feast, the ministers did on the Sunday preceding proclaim a
fast to be kept the same day on which the feast was ap-
pointed ; and to detain the people at church, the three ordi-
nary preachers did one after another make a sermon in St
Giles's church, without any intermission of time, thundering
curses against the magistrates and other noblemen that
waited on the ambassadors by the king's direction ; nor
stayed their folly here, but, the ambassadors being gone,
they pursued the magistrates with the censures of the
Church, and were with difficulty enough stayed from pro-
ceeding with excommunication against them, for not observ-
ing the fast they had proclaimed.

Of all this the king seemed to take no notice, for he saw
not a way to repress these disorders ; and much perplexed
he was with the report of the duke of Lennox his death, who,
partly of grief, partly through the long and troublesome
journey he made in that cold and rainy season, contracted a
fever at his coming to Paris, whereof after a few days he
died. Some hours before his expiring, there came to him
a priest or two, to do their accustomed service ; whom he
could not admit, professing to die in the faith of the Church
of Scotland, and to keep the oath he had given to the king
inviolate. This the king made to be proclaimed at Edin-
burgh, that the people might see what wrong the duke had
sustained during his abode in the realm, by the uncharitable
suspicions both of ministers and others. But this belongs to
the year following.

Meanwhile the king ceased not to think of his own liberty,
using all means to put the lords that attended him out ()f an
opinion that he had any meaning to free himself. And the
duke being gone, whom they feared most, they esteemed the
danger the less ; for Arran was not well loved because of his
violent courses ; and Morton, who had the greatest follow-

A. D. 1582.] CHURCH OF SCOTLAND. 299

ing, was put from his charge in tlie borders, and the same
given to the laird of Johnston. The king had hkewise by
their advice sent Colonel Stewart and Mr John Colvil in a
joint commission to the Queen of England, to move her for
restoring the lands in that kingdom which appertained to his
gi'andfather, the earl of Lennox, and the Lady Margaret his
grandmother, together with the by-run profits intromit-
ted by the treasurer or master of wards ; as hkewise to
communicate unto her the course he had taken for quiet-
ing the realm, and to desire her aid and assistance therein.
Some instructions besides were given them to propone ; as
touching the king's marriage, the matters of the border,
and the contracting of a defensive league ; by all which
they held themselves secured of his majesty's favour. But
for the negotiation it sorted to no effect, by the contrary
courses the two commissioners took after their coming to
the court of England. The king foreseeing the same
Avhen they were first employed, had moved Mr David
Lindsay, preacher at Leith (a man wise and moderate), to
accompany them and pacify the contentions which possibly
might arise amongst them ; but their emulations were so
great, as all he could do scarce served to keep them from
open discord.

Before I enter upon the accidents of the next year, the
death of Mr George Buchanan, which happened in the end
of September, must not be passed ; a man so well deservino-
of his country, as none more. He was of an excellent wit,
and learning incomparable, born nigh to the Highlands,
within the parish of Killearn, and of the house of Drummakill.
His uncle by the mother, called Herriot, took care to have
him trained up in letters, perceiving his inclination to be set
that way, wherein he profited so much, as he went beyond
all his instructors ; nature, it seems, having formed him
thereunto. In the year 1539, being called in question by
the Franciscan friars upon a malice they bare him for some
bitter verses written against them and their profession, which
he did to please King James the Fifth, whom they had in
some things offended, he was committed as suspected of
Lutheranism ; but made an escape to France, where he lived
a long time, and became acquainted with many learned men,
with which that country did then abound. His paraphrase

300 THE HISTORY OF THE [a. D. 1583-

of the psalms, a rare work, and other poems, he wrote for
most part whilst he stayed abroad ; and for his learning
and quick ingene was admired of all men. Returning into
Scotland about the year 1560, after he had professed philo-
sophy some years in St Leonard's College within the uni-
versity of St Andrews, he was chosen to attend the king,
and bring him up in letters. In his age he applied himself
to write the Scottish history, which he penned with such
judgment and eloquence as no country can show a better.
Only in this is he justly blamed, that led by the factions of
the time, and to justify the proceedings of the noblemen
against the queen, he went too far in depressing the royal
authority of princes, and allowing their controlraent by sub-
jects : his bitterness also in writing of the queen and troubles
of that time all wise men have disliked. But otherwise no
man did merit better of his nation for learning, nor thereby
did bring to it more glory. He died in a great age at
Edinburgh, and was buried in the common burial-place,
though worthy to have been laid in marble, and have had
some statue erected for his memory. But such pompous
monuments in his life he was wont to scorn and despise ;
esteeming it a greater credit, as it was said of the Roman
Cato, to have asked " why he doth lack a statue, than to
have had one, though never so glorious, erected."

The summer following the king found the occasion to free
himself of his attenders. For being at Falkland, and pre-
tending to visit his uncle the earl of March, who did then
reside in the abbey of St Andrews, after he had taken some
httle refreshment, he went to take a view of the castle, ac-
companied with Colonel Stewart, captain of the guard, to
whom he had communicated his purpose ; and having entered
into the castle, commanded the gates to be shut, and those
that followed to be excluded. The earls of Argyle, Marshal,
Montrose, and Rothes, came thither the next morning, and
were all welcomed by the king. Of the noblemen that had
waited on him since his restraint at Ruthven, only the earl
of Gowrie was admitted into the castle by the colonel's
means ; for he had sometimes followed him as a servant.
The earl how soon he came in presence fell on his knees,
and craving pardon for the fact of Ruthven, did humbly
submit himself to the king's mercy, who, after he had checked

A. D. 1583.] ciiuncH of Scotland. 301

him in some few but grave speeches for his ingratitude to
the duke of Lennox, accepted him in favour, upon condition
of a more loyal behaviour in time coming.

Some few days the king abode in the castle, and in a
council kept there the second of July, made choice of the
earls of March, Argyle, Gowrie, Marshal, Montrose, and
Rothes, to remain with him, as noblemen that he held of best
judgment, most indifferent and freest of faction ; the rest he
commanded to retire to their houses, till he should take
farther order. In the same meeting was Colonel Stewart's
service approved, and a proclamation ordained to be made,
charging all the subjects to contain themselves in quietness,
and prohibiting any to come towards court accompanied with
a greater number than was appointed ; to wit, fifteen with
an earl, as many with a bishop, ten with a lord, and as many
with an abbot or prior, with a baron six ; and all these
commanded to come in a peaceable manner, under great
penalties.

Then the king, to show himself at liberty, went to Edin-
burgh, and from thence he returned to Falkland, then to
Perth, where he remained some weeks. Being there, the
earl of Arran, by Gowrie 's procurement, was brought again
to court, after whose coming a declaration was published by
the king to this effect.

*' We, with the advice of the lords of our privy council,
having thought expedient to notify unto the woild, but es-
pecially to all our good and loving subjects, our true mind
touching the things that fell out in the year past, declare
the same to be as foUoweth. That is, howsoever, for pre-
serving of public quietness, we did patiently endure the
restraint of our person at Ruthven, with the secluding of our
counsellors from us, and all that ensued thereupon, yet did
we take it deeply to heart, and did account no otherwise of
it than a fact most treasonable, attending till it should please
God to restore us to our former estate and liberty ; which
having now by his goodness obtained, to make known our
indifferent disposition towards all our good subjects, and that
we do not seek the harm and ruin of any one whomsoever,
we have resolved to forgive and forget all offences bygone,
especially that which was committed in August last, and
hath been since that time strongly maintained, providing the

302 THE HISTORY OF THE [a. D. 1583.

actors and assisters do show themselves penitent for the
same, ask pardon in due time, and do not provoke us by
their unlawful actions hereafter to remember that attempt.
WilUng all our subjects, by the example of this our clemency,
(whereof some already have made proof), to discharge all
quarrels amongst themselves, and not to malice one another
for whatsovever cause bygone, all which we will have
buried in oblivion ;• and to this effect have ordained publica-
tion to be made hereof in all the principal burghs," &c.

The discontented lords, notwithstanding of this declaration,
were still convening, and making the best provision they
could for their own surety. For at Arran's hand, who had
now the disposing of all things, they expected no good.
The king hereupon took purpose to confine some of the
principals in several countries, and to commit others who
were reckoned most turbulent. The earl of Angus was con-
fined beyond Spey ; John Livingstone of Dunipace and
Patrick Drummond of Carnock, in the country of Galloway ;
Lochleven and Buchan, in Inverness ; the master of Glammis,
abbot of Dunfermline, and laird of Cleish, were charged to
enter themselves in the castle of Dumbarton ; William, com-
mendator of Paisley, in Blackness ; and Mr John Colvil,
commanded to keep ward in Edinburgh. The whole (Angus
only excepted) disobeying the charge, were denounced
rebels ; and proclamations made, commanding all the sub-
jects to be in readiness for resisting the practices of seditious
subjects. An oath also was taken of all the king's domes-
tics, that they should not keep intelligence with any of the
rebels or others known to be in his majesty's malgrace.
And at this time was Mr John Maitland, who came after-
wards to be chancellor, admitted counsellor of estate.

The queen of England being advertised of this altera-
tion in court, sent Sir Francis Walsingham, her principal
secretary, to the king, to challenge him for breach of
promise in re-admitting the earl of Arran, and casting off the
noblemen who had maintained his authority, and hazarded
their lives and estates in defence of his crown. The king
answered, " That he was a free prince, and in ruhng his
affairs might follow the course which he thought to be most
convenient ; that the queen would not take it well, if he or
any other should direct her in matters that concerned her

A. D. 1583.] CHURCH OF SCOTLAND. 303

subjects :" and for the promise alleged, he said, " it was
made in time of his restraint, to the performance whereof he
was not tied." As to these subjects of whom the queen seemed
so careful, he said, " that he had freely offered to pardon
them, upon the acknowledgment of their offence and promise
of amendment, which he would faithfully observe ; expecting
of the queen his sister that neighbourhood which became
princes Hving in amity and friendship, and that she would
not countenance his subjects in their rebeUion."

The ambassador replying, " Sir, the queen my mistress
will never meddle with your affairs, but to work your good
and quietness ; yet she taketh it unkindly, that the promises
made unto her are so lightly regarded. One Holt an
English Jesuit, who is thought to have a hand in Throg-
morton's treason that was of late detected, being in your
prison, at the request of the French ambassador was per-
mitted to escape ; whereas the queen my sovereign looked
daily to have liim delivered in England, as was promised."
" Nay," said the king, " it was not promised that he should
be delivered ; but, as the queen did answer my ambassadors,
when I desired Mr Archibald Douglas to be rendered, who
is known to be guilty of my father's murder, I said that
the man was charged with certain suspicious practices
in my kingdom, which I behoved first to try ; and if the
queen had been pleased to have delivered my subject to
me, whom I had more than reason to demand, I would
have made no delay in the rendering of Holt. But for
his dimission, or my connivance at his escape, there is
no such tiling ; and if you know or can learn that any
indirect means have been used for letting him go, the trial
and punishment of the doers shall clear my part." This
said, the ambassador (who was a most worthy and discreet
gentleman) declaring that he was satisfied, fell to speak of
the preservation of peace betwixt the two kingdoms, and
of a new league to be made with the queen ; whereof the
king did show a good liking, and in these terms they left
for that time.

In October next, the Church Assembly convened at Edin-
burgh, where great regrets were made and presented in
certain articles to the king. " First, they complained that
the benefit of pacification was extended to Mr David Chal-

304 THE HISTORY OF THE [a. D. 1583.

mers, a professed enemy to religion, and suspected of the
murder of his majesty's father. Next, that papists were
grown too i^imiliar in court, and namely the laird of Fintry,
who had made defection from the true religion, in which he
was educated. 3. That Holt, a wicked papist, sent to the
country to traffic against religion and the state, was suffered
to escape, and no trial taken of the workers thereof. 4. That
his majesty seemed to favour too much the enemies of the
truth both in France and at home. 5. That he had received
in his service men of dissolute life, and who had never given
any testimony of their good meaning either to religion or the
state of the country ; and put others from his service that
were known to be zealous in God's cause, and faithful to his
majesty's self from his very tender age. 6. That since his
acceptation of the government, the Church had received
many fair promises without any performance ; and that, to
the contrary, the liberties and privileges thereof were daily
infringed. 7. That the thirds were set in tacks or leases, in
defraud of the Church. 8. That abbacies were disponed
against the Acts of Parliament, and no care taken for pro-
vision of the ministers that served at the churches annexed.
9. That spiritual livings were conferred on children, and
erected into temporal lordships. 10. That there were no
punishments for incest, adultery, witchcraft, and the like
abominations. 11. That there was a universal murmur,
that no man could be assured of his lands and life, the laws
of the country being wholly perverted. 12. That his ma-
jesty did interpone his authority to stay the execution of the
Church's acts in matters properly ecclesiastical. Lastly,
they regretted the division of the nobihty, one part seeking
the ruin and overthrow of another, for which they did en-
treat his majesty to call unto himself the most wise and in-
different amongst them, and by their advice to take some
moderate course for uniting the hearts of all good subjects,
to the maintenance of God's truth, the preservation of his
highness's person and estate, and the comfort of all that
were grieved at the present division.""

The king, desiring to give the Church satisfaction, made
answer the next day to all these particulars. And first,
concerning Mr David Chalmers, he said, " that he was only
forfeited for the common action of being at Langside field,

A. D. 1583.] cnuncH of Scotland. 305

for which pardon had been granted to many ; so as it should
not be thought strange to give him the hke benefit, especially
at their request who had moved him therein ; and that he
no ways intended to grant oversight to him or any others
that should be found culpable of his father's murder, or yet
professed themselves adversaries to the religion. Touching
Fintry, he said, that he had not impeded the proceedings
of the Church against him or any other popishly affected,
nor had he been countenanced at court, if the ministers of
Edinburgh had not testified that he was willing to conform.
That for Holt's escape he had satisfied the English ambas-
sador, and that it was no uncouth thing to see a prisoner de-
ceive his keepers. Concerning the intelligence he kept with
foreign princes, for the entertaining of civil peace, that he
did not think the Assembly would disallow it, seeing diversity
of religion made not leagues of friendship unlawful. And
that they should meddle with the choice of his servants, he
held it strange ; this he hoped they would remit to himself,
and not to be too curious in examining the occasions of their
placing or displacing. And where they complained, that
since his accepting of the government, the hberties of the
Church had been infringed, he said, that since that time
more good and profitable laws had been made for the ad-
vancement of true religion than ever before ; and if any
thing lacked in the execution, the fault was not his. For
that which concerned the Church rents, he answered, that
those things must be helped in parliament, and that he should
assist the reformation thereof at his power. As to the pun-
ishment of the abominations mentioned, that the fault could
not be imputed to him, since he was willing to give commis-
sion to such as the ministers should judge most fit for the
execution of laws. And for ecclesiastical acts which his
authority was said to impede, he knew none of late, only he
had staid the remove of Mr Alexander Arbuthnot from the
college of Aberdeen to be minister of St Andrews ; which,
being rightly considered, would not be found prejudicial to
the Church, nor impertinent for him to deal in. Lastly, for
the murmur of people, perverting of laws, and difference
amongst the nobility, his majesty said, that he was ready to
hearken to any good advice for reformation of that which
should be found amiss."

VOL. II. 20

306 THE HISTORY OF THE [a. D. 1583.

The answers were all most reasonable, and proceeding
from the king, ought to have been well taken ; but the dis-
content they had received for the late change in court made
everything distasteful, and still the displeasure betwixt the
king and Church did grow, as we shall hear.

In the beginning of November, Lodowick (eldest son to
the late duke of Lennox) arrived at Leith, and was conveyed
by the earls of Huntly, Crawford, and Montrose to the king,
who lay then at Kinneill. Soon after the advertisement of
the nobleman's death, the king had sent the master of Gray
into France, to bring home all his children ; but Lodowick
excepted (who then was thirteen years of age), the rest were
young, and not able to endure so long a journey. The king
receiving him Avith great expressions of love, did presently
invest him in his father's lands and honours, committing the
trust of his affairs to the earl of Montrose, till he should grow
up to maturity. For his education in letters, Mr Gilbert
Moncricff, the king his principal physician, was appointed to
attend him, a man wise and of good learning. Some years
after, two of his sisters were brought into the country : Hen-
rietta the eldest was married to George earl of Huntly,
Mary, the younger of the two, to John earl of Mar. To
the third the king had provided an honourable match, but
she having vowed herself to God, would not be won from
the cloister by any persuasion. A younger son came to the
king, after he went into England, and was by him advanced
to great honours. Thus the untimely loss of their father
did turn to the children's benefit, by the constant and un-
matchable kindness of a loving king.

In the country, matters grew daily more and more troubled.
Those that disobeyed the charges given them for entering
in ward, pretended the time assigned for their entry to have
been so short, and the distance of the place so great, as there
was no possibility in them to obey; yet underhand they
were still seeking to strengthen themselves, and associate
others to be of their faction. To take from them this pre-
text, the first of December was allowed them for their
entering in ward, and so many as should find surety to obey,
had favour promised them. The laird of Braid, Colluthy,
Mr David Lindsay, and Mr Andrew Hay, were licensed
also to confer with tliem, and with all that had any part in

A, D. 1588.] CHURCH OF SCOTLANL*. 307

the attempt of Ruthven, for informing them of his majesty's
gracious inclination towards all of that number who should
acknowledge their offence, and live obedient and peaceably
from thenceforth. But little or nothing was wrought this
way ; whereupon the king took purpose to convene the
Estates the seventeenth of December : and having exponed
his whole proceedings in that business, an act was passed by
a universal consent, of this tenor.

" Albeit the late surprise and restraint of our person, per-
petrated in August bygone a year, was a crime of Icescc
majestatis, heinous in itself, of dangerous sequel, and most
pernicious example, meriting the more severe punishment,
because the committers thereof for the most part, besides the
allegiance and common duty of subjects, were specially bound
to us by particular favours and benefits bestowed on them,
yet, out of our natural disposition to clemency, we resolved
to reduce them by all gentle means to their duties, and not
only forbore to use them with rigour, but made offer of par-
don and mercy to such as would acknowledge their offence,
and continue thereafter in a dutiful obedience ; satisfying
ourselves with that moderate declaration which tended not
in any sort to their detriment, and prorogating days and
months, to see what they would perform. Hereof we gave '
our promise to the queen of England, which was certified to
them by divers, and of late by certain ministers and well-
disposed gentlemen, whom we licensed to confer with them,
for persuading them of our sincere meaning, behaving our-
selves in all this as a kind father that seeketh to recover his
children, and not as a prince that respected his estate. But
our lenity not having produced the effects which we wished,
we took counsel to assemble our Estates, and make them
witnesses of our clemency, whatsoever might happen to their
persons hereafter : and now by their advice we have de-
termined to prosecute with all rigour such of that number as
shall continue in their disobedience, and shall not embrace
the offers of pardon made unto them. In the execution
Av hereof, our nobility and Estates convened have solemnly
promised their assistance, and for the greater authority both
we and our said Estates have subscribed this act Avith our
hands. Farther, by their advice, we have ordained, and or-
dain the act of council past in October 1582, touching the

308 THE HISTORY OF THE [a. D. 1583.

attempt at Ruthven, to be delete forth of the books, inhib-
iting all and sundry of whatsoever estate, quality, and degree,
to allow by word, writing, or otherwise, the foresaid fact,
which we (being now at liberty) and our Estates have so
publicly condemned."

This act made, the earl of Rothes protested, that his sub-
scription to the act in October 1582, approving the attempt
of Ruthven for good service, should not be laid to his charge,
seeing he did the same unwillingly, and by his majesty's
special command and direction, likeas soon after the com-
mitting of the fact he had testified his dishke thereof. The
king, acknowledging the same to be of truth, made his prot-
estation to be admitted. Then began all the faction to fall
asunder, every man suing his pardon ; which was granted,
upon condition they should depart forth of the realm, and
not return without his majesty's license. The earl of Mar,
the master of Glammis, with the abbots of Dryburgh and
Cambuskenneth, went unto Ireland ; the Lord Boyd, Loch-
leven, and Easter Wemyss, unto France ; others of the
meaner sort were confined within certain bounds. The earl
of Gowrie, notwithstanding he was reconciled to Arran,
fearing to be troubled, obtained license to go into France ;
but whilst he delays to go, and putteth off his journey from
day to day, he falleth into new practices, Avhich brought him
unto his end.

The rest of the winter was quiet, but now and then the
court was kept in exercise by the sermons of some preachers,
who were therefore called in question. John Dury, minister
at Edinburgh, had in one of his sermons justified publicly the
fact of Ruthven ; for which being cited before the council,
he stood to the defence of that he had spoken ; yet, after
advice taken with Mr James Lawson his colleague, he was
moved to submit himself to the king, who continued the
declaration of his pleasure, till he had proof of his better be-
haviour. The business with Mr Andrew Melvill was
greater ; for he being cited to answer for certain speeches
uttered by him in a sermon preached at St Andrews, de-
clined the judgment of the king and council, affirming, " That
what was spoken in pulpit ought first to be tried and judged
by the presbytery ; and that neither the king nor council
might, in prima instantia, meddle therewith, though the

A. 1). 1584.] CHURCH OF SCOTLAND, 309

speeches were treasonable." When by no persuasion he
could be induced to submit himself, and that the king and
council, finding themselves judges, did proceed to examine
the witnesses, he burst forth in undutiful speeches against
the king, saying, " He perverted the laws both of God and
man." Which unrevei'ent words proceeding from a divine,
in whom moderation and humility should chiefly have ap-
peared, did greatly oft'end the council. Thereupon was he
charged to enter his person in Blackness within the space of
ten hours ; but instead of obeying, he turned his back, and
fled that night unto Berwick. Then did all the pulpits
sound, and every day were the ministers exclaiming, " That
the light of the country for learning, and he that was only
most fit to resist the adversaries of religion, was exiled, and
compelled for safety of his life to quit the kingdom."

Pity it is to think how the king was then used ; for though
he cleared himself by proclamations, showing that the man's
flight was voluntary, and that he meant not to have used
him with any rigour, yet nothing was beheved, and every-
where people began to stir. Hereupon charges were directed,
commanding those who had obtained leave to depart out of
the realm to use the benefit of their licenses, and inhibiting
all intelligence by letters or otherwise with those that were
already gone. This wrought not much ; only made those
that travelled to and fro with advertisements the more wary
and circumspect. The earl of Gowrie, to liberate himself of
suspicion, came to Dundee, and conducing a ship, gave out
that he would forthwith depart ; yet still he lingered, at-
tending the return of the earl of Mar and the master of
Glammis from Ireland, at which. time he and others of that
faction were to join and take arms for reformation of abuses,
the securing of religion, and preservation of the king his
person and estate ; for that was made the pretext.

The king, having notice given him of these practices, sent
Colonel Stewart, captain of the guard, to apprehend the
earl of Gowrie, who was suspected because of his lingering.
The colonel coming upon him unexpected as he lay in the
house of William Drummond, burgess of Dundee, he made
to defend the lodging, and stood to it some space ; but the
town concurring with the captain, he was forced to yield,
and the next day conveyed to Edinburgh, and committed to

310 THE HISTORY OF THE [a. D. 1584.

the custody of Arran. A night or two after, the earls of
Angus and Mar, with some of their friends and followers,
surprised the town and castle of Stirling, intending there to
fortify themselves ; but the sudden expedition which the king
made compelled them to flee into England, and leave the
castle victualled for some days, and in it a few gentlemen
whom they promised to relieve. Such a readiness the king
found in his subjects at that time, as upon a short warning a
greater army and better appointed was in no man's memory
known to have been assembled. The town of Edinburgh
showed a great forwardness ; for both they advanced moneys
to levy soldiers, and put divers of their own inhabitants in
arms to attend the king. It was the nineteenth of Api'il
when knowledge was given first of the taking of Stirling, and
before the twenty-fourth all the army was in readiness to
march. The same day advertisement came of the rebels'
flight ; whereupon the wardens and keepers of the marches
were directed to pursue them. The king himself with the
army marching towards Stirling, Alexander, master of Liv-
ingstone, was sent to enclose the castle, which yielded upon
the hearing of his majesty's approach, and was delivered in
keeping to the earl of Arran.

The earl of Gowrie, after he had been kept some days in
Kinneill, was brought to Stirling. Before his transporting
from Edinburgh, the earl of Montrose, the Lord Down, and
Sir Robert Melvill were directed to examine him, and hopes
given that he should find favour if he would discover the
conspiracy, and what the rebels had intended to do. He,
upon promise that what he declared should not be made an
indictment against himself, disclosed all the plot, setting
down the same with his own hand as followeth.

" Perceiving his majesty's favour altered towards me, by
misreport of my unfriends, and my life and my living aimed
at, I was of necessity forced to seek my relief by concurring
with others of the nobility who laboured to secure themselves
and their estates. And hearing that there was some trafilck-
ing betwixt the noblemen in Ireland and others at home, I
used all means, though I was suspected by them, to know
what their courses and hopes were. After some diligence I
made that way, I met with Mr James Erskine, who travelled
to and fro betwixt them. And he at first obscured himself

A. D. 1584,] CHURCH OF SCOTLAND. 311

from me, and would not be plain, till I promised ray assist-
ance ; then he showed me that he had been with the earl of
Angus, whom he found cold, and in some hope to make
address for himself, and so less careful of their relief who
were absent. Yet he believed, if the nobleman saw any
good concurrence of others, he would give his assistance ;
but refused to deal in these matters, till they should return,
and things be determined with a common consent. This I
likewise thought fittest ; but in the mean time I prepared to
depart, and would have been gone, if contrary winds had not
stayed me. The same gentleman came afterwards unto me,
and showed that they were returned, and would shortly be
seen at Stirling. This moved me to remain, albeit doubting
of a sufficient concurrence of noblemen. I was not resolved
what course to take, and lay in a careless security at Dun-
dee, more inclined to go than to stay. I protest always be-
fore God, that I never heard nor was in counsel of any plot
against his majesty's person, crown, or estate, but only
studied to keep myself from ruin by the assistance of others.
At our meeting together, unto which time all was deferred,
it was thought that a course should be taken by common ad-
vice for securing ourselves in his majesty's favour. And
whereas I am asked what noblemen were privy to the enter-
prise, and what was looked for from England, I will truly
declare all, upon the firm assurance I have of his majesty's
clemency. At home it was expected, that all those who sub-
scribed the bond in that first alteration would join themselves
with us, and besides those divers others ; namely, the earls
of Marshal and Bothwell, with the Lord Lindsay, and some
of the west parts. So it was affirmed to me, but how truly I
cannot say. From England we expected a supply, but no
certain time was appointed ; and it was said, that the queen
minded to intercede for restitution of the Hamiltons, if she
found the king tractable. This is all I know, and if there
be any other particular tending to his majesty's well or hurt
which I do not at the present remember, I shall plainly re-
veal the same, whosoever be offended therewith."

At his coming to Stirling he sent to the king a letter
penned in this form. " Please your majesty, it is neither
diffidence nor despair of your highness' favour and clemency
towards me, nor any desire I have to live in this world, that

312 tiip: history of the [a. d. 1584.

moves me to require some short audience of your majesty.
But there is a purpose of weighty importance, which I de-
sire to impart unto your highness, which might have endan-
gered the Hfe and estate of your mother and yourself, if I
had not stayed and impeded the same, the reveahng whereof
may avail your majesty more than the lives and living of
five hundred such as myself. Most humbly therefore I
beseech your highness that my petition may be granted. I
assure myself of your majesty's gracious answer. Stirling
the last of April, 1584." In a postscript this was added,
" The matter I have to speak is not the concealing of treason,
but the revealing of a benefit."

This petition was denied, and the same made a part of his
indictment : for being brought to his trial the fourth of May,
Mr John Graham sitting as justice, and assisted by Sir John
Gordon of Lochinvar; Alexander master of Livingstone,
Alexander Bruce of Airth, and James Edmonstone of Dun-
treath, he was indicted of four points. First, that, in the
beginning of February, Mr David Home, servant to the earl
of Mar, came to him privately in the town of Perth, under
silence of night, and communicated to him the treasonable
device of surprising the burghs of Perth and Stirling, at least
of one or other of them ; and that he agreed to the taking
and fortifying of the said towns ; whereby he had incurred
the crime of treason, as well in concealing, as consenting to
that wicked purpose. 2. That understanding Mr James
Erskine to be a trafficker betwixt Mar, Angus, and others, he
did belay the ways, to the end he might speak with him, and
after meeting kept conference with him touching the surprise
of the castle of Stirling, and the furnishing thereof with men
and munition. 3. That being charged in Dundee by his
majesty's letters to render himself to the Lord Pittenweem,
his majesty's chancellor, and captain of his highness' guard,
he did enter into the house of William Drummond, burgess
of Dundee, and with his complices defended the same by the
space of six hours, making exclamations to the people that
he was pursued for religion, and desiring them to aid and
assist him. 4. That he being obliged to maintain his ma-
jesty's person, life, honour, and crown, and having intelhgence
of a most weighty purpose that concerned the life and estate
of the king and the queen his mother, he had treasonably

A. D. 1584.] CHURCH OF SCOTLAND. 313

concealed the same, and did as yet keep up the specialties
thereof; albeit he professed he knew it so perfectly, that in
his letter written to the king he saith, that it had not failed to
have taken effect, if he had not stayed and impeded the same.

The indictment read, he first excepted against Lochinvar,
that he could not be assessor to the justice in his trial in re-
gard of the deadly enmity betwixt Gartland (who had married
his lady's sister) and him. This exception was repelled, be-
cause the propinquity alleged was only affinitas affinitatis.
Then he complained that the noblemen who were sent to
examine him had not kept their word, having promised, that
whatsoever he confessed should not be laid to his charge. It
was answered, that the noblemen's word could not warrant
him. Thirdly, he said, that being indicted for treason, he
ought to have been cited upon forty days, and a delation
made by some accuser, which was not observed. The advo-
cate replied, that, in matters of treason, the king might
arrest any person upon the space it pleased him. Fourthly,
he alleged the license granted him to depart the country.
This was found nought, except he did therewith produce a
respite or remission. To the last point of the indictment he
said, that what he offered to reveal tended to his majesty's
benefit if he had vouchsafed him hearing, and was no matter
of treason. It was answered, that the concealing of that
Avhich might tend to the hurt of the king's Hfe and his
mother's was treason.

So the indictment was found relevant, and the persons of
the jury called. These were, Colin earl of Argyle, David
earl of Crawford, John earl of Montrose, James earl of Glen-
carne, Hugh earl of Eglinton, James eai-1 of Arran, George
earl of Marshal, Alexander lord Seaton, Hugh lord Som-
erville, James lord Down, William lord Livingstone,
Patrick lord Drummond, James lord Ogilvy, Alexander
master of Elphingston, and John Murray of Tullibardine.
They retiring themselves, as the custom is, and returning
within a short space, pronounced him guilty ; whereupon
sentence was given, that he should be taken to the market-
cross, have his head cut off, and be dismembered as a traitor.
The last part thereof was dispensed, and he in the evening
beheaded. His servants were permitted to take the head
with the body, and burv it. This was the end of that noble-

314 THE HISTORY OF THE [a. D. 1584.

man, who in his life was much honoured, and employed in
the chief offices of court : a man wise, but said to have been
too curious, and to have consulted with wizards touching the
state of things in future times ; yet was he not charged with
this, nor seemed he to be touched therewith in his death,
which to the judgment of the beholders was very peaceable
and quiet. He was heard to make that common regret which
many great men have done in such misfortunes, " That if he
had served God as faithfully as he had done the king, he
had not come to that end ;" but otherwise died patiently, with
a contempt of the world, and assurance of mercy at the hands
of God.

The same day Archibald Douglas (called the constable),
and Mr John Forbes, servant to the earl of Mar, were exe-
cuted. The rest who were taken in the castle had their
lives spared, and were banished the country ; and David
Home of Argaty, and one John Shaw, were pardoned.

The king after this returned to Edinburgh, where he gave
order for charging the houses of the fugitive lords and their
friends; and upon information made that certain of the
ministry had dealing with the rebels, summons were directed
to charge Mr Andrew Hay, parson of Renfrew ; Mr Andrew
Polwart, subdean of Glasgow ; Mr Patrick Galloway, and
Mr James Carmichael, ministers ; to compear before the
council. Mr Andrew Hay compeared, and nothing being
qualified against liim, was upon suspicion confined in the north.
The other three not compearing were denounced rebels, and
fled into England.

The pai^iaraent declared current at the time, for the more
speedy despatch of business, convened the twenty-second of
May. In it his majesty's declaration concerning the attempt
of Ruthven was ratified ; the king his authority over all per-
sons in all causes confirmed ; the declining of his majesty's
judgment and the council's in whatsoever matter declared to
be treason ; the impugning of the authority of the three
Estates, or procuring the innovation or diminution of the
power of any of them, inhibited under the same pain ; all
jurisdictions and judicatories, spiritual or temporal, not ap-
proved of by his highness and the three Estates, discharged ;
and an ordinance made, " that none, of whatsoever function,
quality, or degree, should presume privately or publicly, in

A. D. 1584.] CHURCH OF SCOTLAND. 315

sermons, declamations, or familiar conferences, to utter any-
false, untrue, or slanderous speeches, to the reproach of his
majesty, his council and proceedings, or to the dishonour,
hurt, or prejudice of his highness, his parents and progenitors,
or to meddle in the affairs of his highness and estate, under
the pains contained in the acts of parliaments made against
the makers and reporters of lies."

Whilst these statutes were in framing, the ministers, who
were informed thereof, to work at least a delay, sent Mr
David Lindsay to entreat the king that nothing should pass
in act concerning the Church, till they were first heard.
Arran getting intelligence of this, caused arrest him, as one
that kept intelligence with England ; so as he was not per-
mitted to come towards the king. The first night he was
kept in Halyrudhouse, and the next morning sent prisoner to
Blackness, where he was detained forty-seven weeks. Mr
James Lawson and Mr Walter Balcanquel, ministers of Edin-
burgh, hearing that he was committed, forsook their charge,
and fled into England, leaving a short writing behind them,
to show the reasons of their departing.

John Dury some weeks before was removed and confined
in the town of Montrose, so as Edinburgh was left Avithout
any preacher. Mr Robert Pont, minister of St Cuthbert's,
and one of the senators of the college of justice, because of
the misregard of the Church, as he pretended, in concluding
these acts (as the heralds were proclaiming them according
to the custom), took instruments in the hands of a notary of
the Church's disassenting, and that they were not obliged to
give their obedience thereto ; which done, he likewise fleeing
was denounced rebel, and put from the place in session.

Rumours hereupon being dispersed that the king was de-
clined to popery, had made divers acts to hinder the free
passage of the gospel, and abolish all order and policy in the
Church, command was given to form a brief declaration of
his majesty's intention in those acts that concerned the
Church, and to publish the same for detecting the falsehood
of those rumours. In this declaration the occasions that
enforced the king to the making of these statutes were par-
ticularly set down, and the equity thereof maintained by
divers reasons. Amongst the occasions were reckoned the
allowance of the fact of Ruthven by the Assembly of the

316 THE HISTORY OF THE [a. D. 1584.

Church; Mr Andrew Melvill his declining of the king and
council ; the fast kept at the feasting of the French ambassa-
dors ; general fasts indicted through the realm without the
king his knowledge; the usurping of the ecclesiastical juris-
diction by a number of ministers and gentlemen ; the altera-
tion of the laws at their pleasure, and a number of like abuses.
And for satisfying good people, strangers as well as subjects,
touching his majesty's good aitection towards the maintenance
of religion, certain articles were drawn up and subjoined to
the said declaration, to make it appear that his majesty had
intended nothing but to have a settled form of pohcy estab-
lished in the Church.

But these things gave not much satisfaction (so great was
the discontent), and were replied unto in pamphlets, defama-
tory libels, and scurrile poems, which daily came forth against
the court, and the rulers of it. To furnish the vacant
places of Edinburgh, till some were moved to undertake the
charge, the king did appoint his own ministers, Mr John
Craig and Mr John Duncanson ; the archbishop of St
Andrews supplying the ordinary preaching at court. Soon
after there came a letter from the ministei-s, directed to the
session of the Church at Edinburgh, and to the council of
the town, of this tenor.

" That seeing they were assured many calumnies would
be forged against them for absenting themselves from their
flock, they had thought good to write unto them the true
causes thereof; which were, as they said, the great indigna-
tion conceived against them by the rulers of the court, for
resisting the dangerous courses then in hand ; the acts made
in the late parliament repugnant to the word of God and
doctrine by them oftentimes preached ; the iniquity com-
mitted in the passing of the said acts, and violence wherewith
they were defended ; the articles penned and presented to
some ministers for submitting themselves to the tyrannical
regiment of bishops, whom they called gross libertines, belly-
gods, and infamous ; the charge given to the provost and
bailiffs of Edinburgh, to take and apprehend all ministers
that should convene to the eldership, and those that in
sermon should utter anything against the acts and present
unhappy course ; with the insolent words cast forth against
them, that if they followed the course they were in, though

A. D. 1584.] CHURCH OF SCOTLAND. 317

their heads were as great as haystacks, they should be laid
at their heels. These things, they said, did cast them in a
grievous temptation : for to go from their good course they
could not, unless they would be traitors to God ; to continue
in it and stay would bo counted treason against the king,
and be hazardous to their flock, that was charged to appre-
hend them, in case of condemning those acts ; which they
could not but do ; and that after a long wrestling they had
resolved to depart, and reserve themselves to better times ;
which they were assured was the pleasure of God, and that
he would make the world understand that he had his own
work in it. In end, beseeching them to stand to these things
which they had heard from them, and embraced as the truth
of God, they forewai'ned them of wolves that should intrude
themselves, teachers that sought themselves and not Christ
Jesus ; which often they had foretold the contempt of the
truth would work : and concluded with a hope that they
should sustain the present cross patiently, and be united to
them again in God his good time."

The king hearing of this letter sent for the same, and of-
fending greatly thereat, would have the session and council
to answer them in this form.

" We have received and read your letter, for the which
offence we have humbly craved his majesty's pardon, and
not only obtained the same, but have likewise purchased
liberty to write unto you this present, wherein we use you
more charitably then ye have used us, remitting to learned
men and your own consciences to show you, seeing you are
not blinded with ignorance nor lack learning (at the least
some of you), how far ye have strayed from the right way in
your letter lately sent to us, unreverently affirming his
highness' acts of parliament to be repugnant to the word of
God : we tell you that the same do fully content and satisfy
us, seeing we can find no part of scripture that is contrary
thereto. And since we see by the first act, the liberty of
preaching the word, as the same is presently professed, and
ministration of the sacraments ratified and allowed, and that
we know there are wise men and fearing God amongst the
Estates who concluded these acts, we are resolved to follow
the apostle's counsel in Rom. xiii., whereunto you did seldom
exhort us. And now in respect you have so contemptuously

,318 THE HISTORY OF THE [a. D. 1584.

slandered these good and necessary laws established by his
majesty and the Estates, and laboured so far as you can
to draw men unto dislike thereof, fled out of the realm un-
challenged and unpursued, and thereby have not only declared
yourselves guilty, but also misbehaved yourselves tons your
late flock, first, in leaving us without our knowledge, against
your duty, and the conditions made unto us, next, in draw-
ing upon us his majesty's suspicion that we foreknew your
departure, which of new ye have confirmed by sending a
letter to us, you being his majesty's rebels and fugitives ; in
respect, we say, of all the foresaid causes, we by these pre-
sents discharge ourselves unto you, esteeming ourselves no
longer your flock, nor you any more our pastors ; and
thanking God, the revealer of secrets, that he hath made
you manifest to your shame, and relieved us of wolves in-
stead of pastors. Thus hoping his majesty will provide us
of good and quieter-spirited ministers, we commit you to
God's mercy, who may give you to repent of your foresaid
offences."

This letter sent to the council and session of the Church
to be subscribed made a great business. The town feared
to displease the king ; and to discharge with their ministers
in such a form, laying upon them the reproaches of fugitives,
rebels, wolves, and the rest, they thought would be ill taken
of all good men : yet after much ado, sixteen of the prin-
cipals put their hands unto it, and so was it despatched.
The ministers having received and read the letter were
mightily grieved, especially Mr James Lawson, who had
taken greatly to heart the troubles of the Church, and the
advertisements which were given him of the success of
matters at home ; and now perceiving by this letter that
some, who professed themselves very forward in the cause
had turned their backs upon it, he fell in a great sorrow,
and thereby contracted a sickness, whereof he died at London
in October following. A man he was of good learning and
judgment, of a pious and peaceable disposition, but carried
too much with the idle rumours of the people. After his
course of studies passed in the university of St Andrews, he
was employed by the countess of Crawford, a noble lady, to
attend her three sons, whom she sent to France ; and upon
their return, to show his gratitude unto the school wherein

A. D. 1584.] CHURCH OF SCOTLAND. 319

he was educated, gave himself to read the Hebrew tongue
to some youths in the same university. From thence he
was called to be principal in the old college of Aberdeen ;
and after three years profitably spent in that place, was
brought, as we showed before, to Edinburgh, where he con-
tinued preacher the space of twelve years, in great esteem
and reputation, until these unhappy times, which bereft this
church and country of him and his labours. He died in the
forty-sixth year of his age, and was buried in the new church-
yard of London, at the side of Master Dearuig, a famous
preacher in that church.

His death bringeth to mind other two learned men in this
church, Mr Alexander Arbuthnot, and Mr Thomas Smeton,
the one principal of Aberdeen, and the other of Glasgow
college, who, in the end of last year nigh about the same time,
departed this life, to the great loss both of the country and
Church. The first, a gentleman born of the house of Ar-
buthnot in Mearns, being trained up in the study of letters,
and having passed the course of philosophy in the same college
with Mr Lawson, went to France at the age of twenty-three
years ; there applying himself to the laws, he Hved five
years an auditor of that great doctor Cujacius, and being-
made licentiate, returned to Scotland in the year one thousand
five hundred and sixty-six, of purpose to follow that calling.
But God otherwise disposing, in the year 1569 he was made
principal of the college of Aberdeen, where, by his diligent
teaching and dexterous government, he not only revived the
study of good letters, but gained many from the superstitions
whereunto they were given. He was greatly loved of all
men, hated of none, and in such account for his moderation
with the chief men of these parts, that without his advice
they could almost do nothing : which put him in great
fashery, whereof he did often complain. Pleasant and
jocund in conversation, and in all sciences expert; a good
poet, mathematician, philosopher, theologue, lawyer, and in
medicine skilful ; so as in every subject he could promptly
discourse, and to good purpose. He died in the forty -fifth
year of his age, much lamented, and was buried in the college
chm'ch at Aberdeen the twentieth of October 1583.

Within some few days he was followed by Mr Thomas
Smeton. This man, born in Gask, a Uttle village not far

320 THE HISTORY OF THE [a. D, 1584-

from Perth, studied philosophy in St Salvator's College at
St Andrews, under Mr William Cranston, at that time
provost of the house, by whose persuasion he went beyond
sea ; and after he had remained a while at Paris, took
journey to Rome, where entering the society of the Jesuits
he abode three years. Thereafter coming home for some
private business, when he had settled the same, ho returned
to Paris, and kept still in that society. In the year 1571,
Thomas Maitland, travelHng through France into Italy, did
request his company in that journey ; whereunto he yielded,
and went with him to Italy. But the gentleman contracting
sickness by the way and dying, he returned by Geneva, and
was there confirmed in the religion to which a little before he
was inclining. When he came to Paris, after he had re-
vealed himself to some principals of the society, he forsook
their profession, and was in danger to have been killed at the
massacre which fell out at the same time ; but by the favour
of Sir Francis Walsingham, the English ambassador, he was
saved, and came in his company to England. Five years he
remained at Colchester in Essex, teaching some youths of
the country, and in the year 1578 returned unto Scotland.
In the year 1580, upon the remove of Mr Andrew Melvill
to the new college of St Andrews, he was chosen principal
of the college of Glasgow, and taught the controversies
there some three years with great profit. He was a man
learned in the languages, and well seen in the ancient fathers,
the reading of whose works he did ever seriously recom-
mend to the youth. The answer he penned in defence of
this church against Mr Archibald Hamilton, and other dic-
tates which are yet in the hands of his disciples, do show his
worth, and the loss this church received by his death. He
deceased at Glasgow the sixth of December 1583, in the forty-
seventh year of his age, and was buried in the cathedral
church.

These deaths falhng so quick one after another were taken
to be a presage of great troubles in the Church, nor was it
long before these stirs happened of which we have spoken.
All this summer the same continued, the ministers being
daily called before the council, and a great business made of
their subscription to certain articles which concerned their
obedience to the bishops : they who refused had their sti-

A. D. 1584:.] CHURCH OF SCOTLAND. 321

pciuls sequestrated, wliicli caused a great outcrying amongst
the people, and made the rebels to be more favoured. The
king, to rid himself of these vexations, did call the principal
ministers, and having showed that all his desire was to have
the Church peaceably governed, and a decent policy estab-
lished, he willed them to set down in writing the reasons
which moved them to refuse subscription, that he might con-
sider the same, and satisfy their doubts. They choosing
rather to propound the same by mouth, were after some con-
ference induced to set their hands to the articles ; this clause
being added, " agreeing with the word of God."

Yet new occasions of trouble were still breaking forth.
Upon information that Mr Nicoll Dalgleish, minister at St
Cuthbert's, did in his public prayers remember the exiled
bretlu'en, he was called before the council, and accused of
praying for the king's rebels, as also for keeping intelhgence
with them by letters. The minister confessed his praying
for the brethren, maintaining the same to be lawful, but the
intelligence he denied ; only granted that he had seen a
letter written by Mr Walter Balcanquel to his wife, where-
in he was kindly remembered. The king, offended with his
answei's, commanded the advocate to pursue liim criminally ;
which was done the next day. At his appearing before the
justice, when he heai'd the indictment, he said, " That he
ought not to be questioned for one and the same fact before
two judicatories ; and that having answered these points before
tiie council, he should not be put again to it." The advocate
replying that the council's proceeding could not stay the
criminal judge, he was commanded to answer, and to do it
advisedly, seeing it concerned his life. " If I must answer,"
said he, " I do not think that I have offended in praying for
my brethren who are in trouble ; and for the letter I saw,
if the concealing thereof be a fault, I submit myself to his
majesty's will." The jury proceeding declared him guilty of
treason ; yet the sentence was continued, and he sent to the
Tolbooth, where he remained some months, and in end, upon
his suppHcation, was pardoned and put to liberty.

In the same court, David Home of Argathy, with Patrick
Home his brother, were condemned to die for keeping intelli-
gence with the commendator of Dryburgh, and in the after-
noon executed. Yet was it no matter of state, but some

VOL. II. 21

322 THE HISTORY OF THE [a. D. 1584.

private accounts that rested undischarged at his parting
forth of the country, Avherein they had interchanged one or
two letters. This severity was universally disliked, hut that
which shortly after ensued was much more hateful. To
breed a terror in people, and cause them abstain from com-
municating in any sort with the exiled lords, a proclamation
was made, " That whosoever should discover any person
offending in that kind, should, besides his own pardon, re-
ceive a special reward." Hereupon did one Robert Hamilton,
commonly called Robert of Ecclesmachen, delate Malcolm
Douglas of Mains and John Cunningham of Drumwhassill
for having conspired to intercept the king at hunting, and
detain him in some stronghold, till the lords might come and
receive him. A mere forgery, — yet gladly hearkened unto
by those that desired to be rid of them ; for they were both
gentlemen of good respect, and mistrusted of the court,
Mains especially, because of his valour and manhood. To
make out the accusation, it was devised that Sir James
Edmonstone of Duntreath, who had lived in great famiharity
with them, should be charged with the said crime, and upon
his confession to be pardoned ; which, by the policy of the
accuser, to his own perpetual discredit, he was menaced to
yield unto.

Matters thus dressed, Colonel William Stewart was sent
to apprehend them, who finding them in their own houses,
did, without any resistance, bring them prisoners to Edin-
burgh. The ninth of February they were presented before
the justice, Mr John Graham sitting as deputy, and Mr
Edward Bruce as his assessor. Beginning made with Dun-
treath, he was indicted for conspiring with Mains and Drum-
whassill, the accuser Hamilton, and others, for taking and
detaining the king in the manner aforesaid, which was said
to have been plotted by the earl of Angus, and imparted to
him and the rest on pannel by John Home, commonly called
Black John. He, without making any defence, confessed
all, betaking him to the king's mercy. Drumwhassill, ac-
cused of the same conspiracy, and of consulting with Dun-
treath thereupon at the churches of Strathblane and Killearn,
was farther charged with the treasonable attempt of Ruth-
ven, whereof he had been partaker. What he answered, I
find not in the process ; but when Mains his indictment was

1

A. D. 1584,] CHURCH OF SCOTLAND. 323

read, he denied all, and so cleared himself by the unlikeli-
hood and their impossibility to compass a business of that im-
portance, to all that were present, as in their hearts they did
pronounce him innocent. Notwithstanding, they all three
were convicted, and declared guilty of treason. Doom was
only pronounced against Drumwhassill and Mains, and they
the same day hanged in the public street of Edinburgh.
The gentlemen's case was much pitied, Mains his case especi-
ally. Hamilton, who made the delation, hved after this in a
continual fear, and abhorred of all men : he kept still in the
company of Arran, unto the alteration of court at Stirling ;
at which time James Johnston of ^Vestraw, pretending a
vow that he had made to revenge Mains his death, did kill
him as he was flying through the park on the south side of
the town.

These cruel and rigorous proceedings caused such a gen-
eral fear, as all familiar society and intercourse of humanity
was in a manner lost, no man knowing to whom he might
safely speak or open his mind. Arran in the mean time
went on, drawing into his own hands the whole managing of
affairs, for he would be sole and supreme over all. The earl
of Argyle having departed this hfe the year preceding, he
was created chancellor. The office of secretary he gave to
Mr John Maitland, Lethington's son, having banished the
abbot of Dunfermline, who formerly possessed the same.
The castles of Edinburgh and Stirling he took to himself in
custody, then made himself be chosen provost of the town;
and as if all this had not been enough, he was declared
general heutenant over the whole kingdom. In a word,
whatsoever he pleased was done, and without him nothing
could be done. This stirred up great emulation against him
in court. The master of Gray, a great favourite at that
time, did take it disdainfully that everything should be
governed by him ; Sir Lewis Bellenden, justice-clerk, a man
of brave spirit, did also hardly endure it ; and Mr John
Maitland, though he had followed him still from Morton's
execution to that time, began to fall away and work his own
credit. These things were cunningly dissembled as among
courtiers, and all outward respect given him by those that
were plotting his ruin.

To his feUcity nothing, as he thought, was wanting but the

324 THE HISTORY OF THE [a. D. 1584.

friendship of England : this ho was advised by the master of
Gray to seek by the Lord Hunsdon's means, who lay then
governor at Berwick. A meeting is hereupon wrought be-
twixt them, and at Foulden, some three miles from Berwick
(whither Arran went), matters so dressed as, upon the assur-
ance of his service to the queen of England, it was promised
that the exiled lords, who lay near the borders waiting to
raise some stirs, should be called to London, and upon veri-
fication of the conspiracy wherewith Mains and the rest were
charged, put forth of England. In this hope, the master of
Gray is sent into England, and commission given him for
remanding the fugitive rebels ; or, if that could not be ob-
tained, for removing them farther off from the borders of
Scotland. More privately he was desired to use all means
for winning the queen's favour to the earl of Arran : and
for preparing the Avay to his legation, the archbishop of St
Andrews was sent some weeks before to inform the queen of
the king his sincerity in religion, because of the rumour
which the ministers who fled thither had dispersed to the
contrary. The queen, professing to have received great
content by his information, recommended to the king above
all things constancy in his profession, assuring him in that
case of her unchangeable friendship.

The master of Gray at his coming had favourable accept-
ance, though he was known to be a catholic Roman ; and
for the point of remanding was answered, that she did not
think those gentlemen whom the king called rebels intended
any harm to his person, but if the contrary was made to
appear, they should not be suffered to remain in her king-
doms : and for that the king required touching their farther
remove from the borders, the same was promised, and the
lords accordingly called from thence, and commanded to stay
at Norwich. This answer reported to the king by the
master of Gray at his return, drew another legation, wherein
Sir Lewis Bellenden, justice-clerk, was employed. The
thing committed to him was the accusation of the banished
lords, and verifying against them the conspiracy for which
Mains and Drumwhassill had suffered.

The lords upon this were brought from Norwich to Lon-
don, and there challenged by the ambassador, who, as ap-
peared, insisted with groat fervour against them. But the

A. D. 1585.J CHURCH of Scotland. 325

master of Glamrais, answering for the rest, made their inno-
cency in that particular to be clearly seen, which was heard
no less willingly by the judges than delivered by the speaker.
Neither was the accuser any worse minded towards them,
for all the show he made ; and at the same time were grounds
laid both for their restitution and Arran his subversion ; the
queen and council of England being privy to all, and secretly
advancing their enterprise. Arran in the meantime had
assurance given him of the queen's friendship, and supposing
all things to be right, went on in his accustomed manner,
not caring what enmity he drew upon himself. The earl
of Athole, the Lord Home, and master of Cassils were
committed to prison. The first, because he refused to di-
vorce from his wife (a daughter of the earl of Gowrie) and
entail his lands to him; the next, for that he denied him
his part of the lands of Dirleton ; and the third, for denying
liim a loan of some moneys, which it was thought he might
spare.

His last falling out in that kind was with the Lord Max-
well, for an excambion of the barony of Mearns and the lands
of Maxwellheugh with the barony of Kinneill, which he pos-
sessed by the forfeiture of the Hamiltons. Maxwell, not
liking to change his old inheritance with such a new and un-
certain purchase, excused himself, and would not hearken to
the change : but he thinking to force him thereto by some
indirect means, travaileth with the Lady Johnston, who
gave attendance at court, to cause her husband to accept
of the provostry of Dumfries, and moveth the king to write
unto the town to elect Johnston their provost, for that he,
being warden of the west marches, would thereby be made
more able to keep good order in these parts. Maxwell in-
terpreting this to be done, as it was, to his disgrace, at the
time of election convocated his friends, and debarring John-
ston from entering the town, procured himself to be continued
in the office. Hereupon informations were made to the king,
that there could no quietness be expected in these parts un-
less Maxwell his power was curbed. Charges were also
directed to cause him present certain of the name of Arm-
strong, for whom he was obliged ; which he not performing
was denounced rebel, and connnission given to the laird of
Johnston to pursue him ; for whose better enabhng he had

32@ THE HISTORY OF THE [a. D. 1585.

two companies of hired soldiers allowed him, under the
charge of two captains, Lamby and Cranston. Maxwell
hearing of these preparations gathered his forces, and with a
part thereof sent his natural brother Robert Maxwell to
intercept the two captains ere they should join with Johnston.
They encountering in the moor of Crawford, after a sharp
conflict the captains were defeated, Lamby and most of his
company killed, and Cranston with divers others taken
prisoners.

Johnston, lest he should be thought to do nothing, did
then make an incursion upon Maxwell's lands, raising fire,
and carrying away great spoil ; which Maxwell repaid with
the burning of the house of Lockwood, and the slaughter
of some of the Johnstons in Annandale. And thus did they
make war one upon another, till it happened that Johnston
in a certain conflict was taken by Maxwell, and made prisoner.
The grief of this overthrow gave Johnston, shortly after he
was liberated, his death : but the wrath of the court still
continuing, a convention of the Estates was called to suppress
Maxwell, and a subsidy granted of twenty thousand pounds
for levying of soldiers to pursue him. Thereafter all that
could bear arms, dwelling on the south of Forth, were com-
manded to be in readiness for attending the king in an expe-
dition that he intended towards those parts. But the plague
breaking out in Edinburgh did rage so vehemently all that
summer as nothing could be done ; so the expedition was put
off for certain months.

Meanwhile there fell out an accident which did quite
alienate the favour of the queen of England from Arran.
Sir John Forrester and Thomas Ker of Farniherst, wardens
of the middle marches, being met for restoring some goods
taken from the English, a tumult fell out, wherein Sir Fran-
cis Russell, son to the earl of Bedford, was killed. This was
laid upon Farniherst, and he said to have done it by Arrau's
instigation, for they two were at that time in great friendship.
And when the queen did require Farniherst to be delivered,
Arran did strongly oppose it : yet the king for her satisfac-
tion did confine them both, the one in St Andrews, and the
other in Aberdeen. Arran after a little time was relieved
to his house at Kinneill ; the other contracting sickness kept
bed a long space, and, as was thought, died of displeasure at

A. D. 1585.] CHURCH OF SCOTLAND. 327

Aberdeen. A man he was of a hauglity spirit, and had
endured much trouble in the service of the king's mother,
which he esteemed should have made him better respected
than he conceived he was.

Shortly after this accident Sir Edward VVotton was em-
ployed in an ambassage from England, for contracting a league
offensive and defensive with the king in the cause of rehgion.
For then came that holy league, as they called it, to be discov-
ered, which the pope, the Spanish king, with the Guises and
others had made, to extirpate the reformed religion. The
queen of England understanding herself to be principally
aimed at, found nothing better than to make a counter-league
with the princes reformed: and to that effect sent Sir Thomas
Bodley to treat with the king of Denmark and the protes-
tant pruices in Germany, and at the same time employed Sir
Edward Wotton towards the king. The motion did so
please him, as presently he called the Estates at St Andi'ews,
and having in a long and pithy speech expressed the dangers
threatened to religion, with the necessity that the reformed
princes had to unite themselves strongly together, procured
the act following to be concluded.

" We the nobility and Estates presently convened, under-
standing that divers princes and potentates, who term them-
selves catholics, have joined under the pope's authority in a
most unchristian confederacy against the true rehgion and
professors thereof, with full intent to prosecute their wicked
resolution not only within their own estates and dominions,
but likewise in other kingdoms, where they can pretend no
lawful power nor authority ; a purpose long since projected,
and hitherto cunningly carried, but now openly manifested,
and in divers parts begun to be executed with hard and cruel
effects; and considering withal how it hath pleased God to
bless this realm with the sincerity of the gospel (the defence
whereof is the most just and lawful cause that Christians can
maintain), we have thought it requisite not only to unite
ourselves, and join the whole forces which God hath granted
us under our most religious and Christian sovereign, for the
better assurance of our own estates, and the more peaceable
enjoying of so great a benefit, but also, for withstanding the
dangerous course intended against all the professors of the truth,
we have judged it needful that a general league and Chris-

328 THE HISTORY OF THE [a. D. 1585.

tian confederacy of princes and states, professing tlie true
religion, should be opposed to the ungodly confederacy of
the enemies thereof; especially that the two crowns of Scot-
land and England, which nature, blood, habitation, and the
profession of one rehgion hath joined, may be inseparably
united by a more firm and strict league than hath been be-
twixt any princes their progenitors in times past. For
which effect we under subscribing for ourselves, and in name
and behalf of the whole Estates of this realm, whose body in
this Convention we represent, have given and granted, hke as
we by the tenor hereof do give and grant, to our sovereign
lord. King James the Sixth, his council or such of them as
his majesty shall please to nominate, our full power, privilege,
assent, and authority whatsoever, competent to us and to the
three Estates of this realm, to treat or cause to treat, confer,
transact, and conclude a Christian league betwixt his majesty
and his highness's dearest sister and cousin, the queen of Eng-
land, and to nominate and appoint commissioners for that
purpose, who shall meet at such time and j)lace as his high-
ness shall agree upon with the commissioners to be directed
from his said dearest sister, the nomination and election of
whom we have remitted and do humbly remit to our dread
sovereign lord, faithfully promising for us, and in behalf
foresaid, to ratify, approve, and confirm, in the first parha-
ment, whatsoever thing his majesty shall agree unto, or his
highness's commissioners in his name shall contract, indent,
subscribe, or seal concerning the said league, with all heads,
clauses, and articles thereof, which we do and have the more
wilHngly done, because of the trust we repose in his majesty's
wisdom, circumspection, and earnest zeal to maintain the
truth of God against all that shall happen to attempt any
thing to the contrary. Providing always that the league do
not infringe or prejudge in any sort any former alliances and
leagues betwixt this realm and any other ancient friends and
confederates thereof, except only in matter of rehgion, con-
cerning which we do fully consent that the said league be
made oifensive and defensive, avowing, and by our solemn
oaths swearing, neither to spare life, lands, houses, goods,
nor whatsoever it hath pleased God to grant unto us, in de-
fence and maintenance thereof."

This act was passed on the last of July with a great consent,

A. D. 1585.] CIIUllCH OF SCOTLAND. 329

and was subscribed by the archbishops of St Andrews and
Glasgow, the bishop of Dunkeld, the commendators of Cul-
ross, Balmerinoch, Dryburgh, Kinloss, Lindores, Blantyre,
and Pittenweem, representing the spiritual Estate ; by the
carls of Arran, March, Athole, Montrose, Marshal, and
Rothes, the Lords Oliphant, Thirlstane, Gray, Sinclair,
Down, and Fleming for the nobility ; and by the commis-
sioners of burghs, and all the officers of estate, amongst the
rest by the master of Gray, who, though he did profess
himself a Roman catholic, would in nothing that the king
affected be thought refractory.

It was thought that the ambassador did rest well satisfied
with the king's forwardness towards the league, and that he
should have presently returned; but he had some other
business in trust, which was carried more closely. This was
to make friends to the exiled lords, and labour their restitu-
tion, as had been concluded in England. To this effect he
kept divers private meetings with the master of Gray, the
secretary, and justice-clerk; giving the lords intelligence
from time to time of his proceedings. Among other means
it being found expedient that they should reconcile their
private quarrels with the Lord Hamilton and his brother
Claud, who were likewise exiled and lived then in England.
He wrought so as they were brought, as it seemed, to a
perfect accord, promising to take one course, and join all in
the same cause. But Claud fearing either the event of the en-
terprise, or not having buried his former grudges, did after-
wards separate, and by discovering their purpose procured
to liimself Uberty to return ; yet did he not find that accept-
ance which he expected, being shortly after his coming con-
fined in Aberdeen, and within a little while commanded to
leave the country, and go into France.

There came this summer from Denmark certain ambassa-
dors to redeem, as they pretended, the Isles of Orkney and
Shetland, ahenated of old from that crown; yet the true
errand Avas to propone that marriage unto the king which
was some four years after happily perfected. The king re-
ceiving them kindly, and excusing himself for the matter of
Orkney, because of the pestilence which raged as then in
Edinburgh (where the registers of the kingdom Avere kept),
promised, how soon commodity served, to give all reasonable

330 THE HISTORY OF THE [a. D. 1585.

satisfaction, and to send some in commission to treat of those
matters.

How soon they were dimitted, the king went unto Stir-
ling, and from thence to Hamilton, to recreate himself as he
was accustomed, where he received advertisement that the
banished lords were come down to the borders, and that
Maxwell was to join his forces witli them. Hereupon he re-
turneth to Stirling, and sending for Arran, made proclama-
tions to go through the country, commanding all the subjects
to meet him at the castle of Crawford the twenty-second of
October, for resisting the attempts of the rebels. But things
were so prepared at court by the English ambassador, as the
lords did prevent the king in this expedition. They had ap-
pointed their rendezvous at Linton m Tweeddale; and meet-
ing there, did solemnly swear not to separate, nor give over the
prosecution of their enterprise, till the king should be moved
to accept them in favour, and put Arran forth of his com-
pany. Maxwell brought with him three hundred soldiers
that had served against Johnston, and about seven hundred
horsemen : all the others did scarce equal that number,
though Bothwell, Home, Yester, Cessford, Drumlanrig, and
others had joined with them. To justify their proceedings,
they gave forth a proclamation in all the places they came
unto, declaring the causes of their enterprise to be, " The de-
fence of the truth, the deUverance of the king from corrupt
counsellors, and the preserving of amity with England. In this
proclamation nothing was left unsaid that might make Arran
odious and hateful ; amongst other things he was charged to
have bragged of his descent from Duke Murdock (who was be-
headed in the time of King James the First), and to lay
claim to the crown by that title, calling himself King James
the Seventh. It is true that in the parliament held the year
preceding, he took protestation in open court, that he re-
nounced any title that he might pretend to the crown that
way, which I suppose he did to purge himself of that asper-
sion : but the protestation was laughed at in the time by the
wiser sort, and gave them to think that such a folly had once
possessed his mind.

The proclamation did often mention him and Colonel
Stewart as abusers of the king. Of the rest of the counsel-
lors there was no speech, which increased Arran's jealousy

A. D. 1585.] CHUKCH OF SCOTLAND. 331

of tliem. Now, how soon the ambassador heard that the
lords were entered in the country, fearing that some notice
shouki be taken of his deahng, he left Stirling and went in
haste to Berwick, without saluting any man. The king sent a
post after him with a letter, desiring to know the cause of
his sudden departure, and whether he was directed by the
queen his sovereign to go away in such sort. Being over-
taken at Alnwick, he answered, that he had no such direc-
tion from the queen when he was first employed, but that of
late he had received a command to retire, because she saw
no hope of the delivery of that wretched Farniherst. This
he made the pretext of his departure ; yet in reason he could
not allege it, Farniherst lying bedfast at the time in Aber-
deen, where he was committed, which was notified to him,
and he knew to be a truth. In the conclusion of his letter
he said, " That he would not grant that^he had departed in-
salutato hospite, seeing he performed that office both Avith
his heart and hand, and that he should by all possible means
endeavour that his departure should rather help to maintain
than dissolve the amity betwixt his sovereign and him." That
which he speaketh of his hand was a letter that he left to be
given to the king the day after he was gone, in which he laid
the cause upon Arran's credit, without whom he saw nothing
could be obtained. Arran seeing the letter that he left to be
given to the king, began to think that all was not sound, and
accused the master of Gray as being privy to the ambassa-
dor's departure, which he denied ; yet all that time nothing was
done that was fitting either for the king's safety or reputation,
and not so much as the castle furnished with victuals, which
might have easily been provided.

Neither were the lords ignorant of this, which made them
use the greater speed, marching directly to Falkirk, and the
next day, which was the last of October, to Stirhng. At
the church called St Ninians (a half mile or less from the
town), they put themselves in order of battle, 'and stood so
till night fell ; at which time, upon warning given them by
their friends within the town, they advanced, and knowing
all the passages, entered by a certain back way without any
resistance.

Arran had taken upon him to watch that night, and was
keeping the town gate, when a cry was raised that the town

332 THE HISTORY OF THE [a. D. 1585.

was taken. The earl of Crawford, who watched with him,
fled to the castle ; but he escaped by the bridge, of which he
kept the keys. Some weak resistance was made by Colonel
Stewart at the head of the market street, but he was soon
put back with the slaughter of one or two of his company.
The borderers, according to their custom, fell upon the
stables and made prey of all the gentlemen's horses, whereof
they found good store. The spoil otherwise was not great
as of a town not A^ery rich in merchandise.

In the morning betimes the castle was enclosed, which they
knew could not long hold out, for it was unfurnished, and
scarce provided with victuals for one day. In this extremity
the kiug was advised to employ two of his council towards
the lords, to ask Avhat they intended. Choice was made of the
secretary and justice-clerk, as men whom they would willingly
hear. At the first meeting the secretary was rough enough
with them, saying, " That such violent forms were not to be
approved, and to deal in that manner with their kiug they
would find it unsure ; for what was extorted from him by
force or fear, he would soon find means to undo, and never
want men to serve him in that whereunto his will was bent ;
that humble petitions became subjects, and had been more
fitting than to come in the manner they did." The lords
answered, " That it grieved them sore to be reduced to that
necessity, nothing being more dear to them than the king's
honour and safety. But what could they have doue ? they
were banished from their country, put from their hvings,
their friends used with cruelty, the king not permitted to
hear them in their just defence, and always shut up fx'om
presenting their petitions. That their coming in that man-
ner was not to dishonour nor force the king, to whom they
would be most humble supplicants, and upon their knees, if
they should find access, beg mercy at his hands. All they
did was to save themselves from ruin, and to be secured from
their adversaries, who had wronged them and the whole
states of the kingdom. Wherefore they besought them, as
their countrymen and friends, to' intercede with his majesty,
that they might be accepted in favour, and all things com-
posed in the most quiet and honourable manner for the king
and state that could be devised."

This reported to the kmg did mitigate his mind a Uttlc.

A. D. 1585.] CHURCH or SCOTLAND. 333

" Foi' myself," said he, " I iliel never like that man's violence
(meaning Arran), and howbeit, I cannot but offend with th eir
doings, yet for the country's sake and preservation of public
quietness, I can pardon and overpass all : but one thing I
desire you that have been in conference with them to look
to ; this is, that none in my company receive any harm. I
know there are quarrels betwixt the earl of Crawford and
the master of Glammis ; that the earl of Angus doth not
like Montrose ; and I beUeve that Colonel Stewart is not
well beloved for things done in my service. These I cannot
see with mine honour hurt. Provide for that, and that they
may be in safety, and I shall willingly admit them."

When this was showed the lords, they said, " That they
had not taken arms for any private quarrel, nor would they
mix their particulars with the public ; but it should be good,
for eschewing such inconveniences as might happen, that the
noblemen (whom the king had named) were put in custody
with some special persons, and that the colonel should bo
discharged from his office of the guard, and the same con-
ferred to another." This being declared to the king, he gave
his consent to receive them.

Being brought unto his presence, they fell all upon their
knees, and the Lord Hamilton (who had the precedency in
regard of blood) taking the speech, said, " that they were
come in most humble manner to beg mercy, and his majesty's
love and favour." The king answered, " My lord, I did never
see you before, and must confess that of all this company you
have been most wronged : you were a faithful servant to the
queen, my mother, in ray minority, and when I understood
not, as now I do, the estate of things, hardly used. The
rest of you that have since that time been exiled, and put
from your livings, cannot say but it was your own fault, and
that your misbehaviour procured the same. But (turning
himself to Bothwell) what should have moved thee, Francis,"
said he, " to take this course, and come in arms against me ?
Did I ever thee any wrong ? or what cause hadst thou to
offend ? I wish thee a more quiet spirit, and that thou
mayst learn to live as a subject, otherwise thou wilt fall in
trouble. To you all who, as I truly think, have not meant
any harm to any person, I am pleased to give both my hand
and my heart, and will remember nothing that is past, pro-

334 THE HISTORY OF THE [a. D. 1585.

viding you cari'y yourselves from henceforth as becomes
men of your places, and behave yourselves as dutiful subjects."
So they arose one by one, and kissed his majesty's hands.
It was observed that he received the Lord Hamilton with
greatest kindness, and gave him more respect than any
others. This was done the day after their entering into
Stirling.

Two days after in council the king, renewing his promise,
did by public act confirm the pardon granted to them and
their assisters, which was by sound of trumpet proclaimed.
The earls of Crawford and Montrose were commended to
the Lord Hamilton, who used them honourably, and Colonel
Stewart suffered quietly to depart. Arran after his flight
went unto Kyle, and lived private amongst his friends, de-
prived of all his honours. The charge of the guard was
given to the master of Glammis, the castle of Dumbarton
put in the Lord Hamilton's custody, Stirhng restored to the
earl of Mar, and the castle of Edinburgh delivered to Sir
James Home of Cowdenknows, In this manner did the ban-
ished lords recover his majesty's favour, and return to their
places; albeit Thuan, deceived by some information, hath
otherwise related the same.

How soon the noblemen's peace was proclaimed, Dun-
treath, who had touched them in his deposition against
Mains (saying that he was told by one John Home, the lords
had hired every one of them two men to kill the king), com-
peared before the council undesired (so the act of council
beareth), and confessed that he was suborned by Captain
James (who is henceforth to be so named, the title of Arran
being returned to the right owner) to make that deposition,
which in itself was false and untrue, out of fear, and to save
his life. For verifying whereof, and to show that he did not
confess this to please the noblemen whom he had wronged by
such a confession, he declared that for the space of eight
weeks before their return he had revealed the same to the
master of Gray, and to the provost of Lincluden ; both which
upon oath testified no less to the king. The council, for
clearing the noblemen, ordained his confession to bo publish-
ed ; which was not very needful (for no man did believe the
delation), only it served to discover the falsehood of the
suborner.

A. D, 1585.} CHURCH OF SCOTLAND. 335

In December following, a parliament was held at Linlith-
gow for ratifying the peace and abolishing the memory of
things past. In this meeting the ministers who returned in
company of the lords did earnestly urge the repealing of the
acts concluded the year preceding against their discipline :
which the king did utterly refuse, ordaining that none should
either publicly declare or privately speak or write in re-
proach of his majesty's person, estate, or government, as is
to be seen in the first act of that parliament. The ministers
oifending greatly therewith, especially with the lords who
had promised to see these statutes repealed, stirred up one
Mr William Watson, in his preaching before the king, to
complain of the neglect that was made of the Church, and
condemn the acts above mentioned.

This young man the bishop of St Andrews had placed in
Edinburgh, after the departing of the ministers to England,
and he to this time had carried himself very orderly. But
now, cither fearing that his admission by the bishop should be
questioned, or to insinuate himself this way in the favours of
these ministers, who he thought would rule all matters of
Church as they pleased, he took the boldness to reprove the
king to his face. This his unseasonable and insolent doing
was by all wise men condemned, and he therefore committed
to the castle of Blackness. Not the less another of the same
humour, called James Gibson, minister at that time in Pen-
caitland, usurping the pulpit of Edinburgh, where the sick-
ness was somewhat relented, fell out in the like impertinent
railing, saying, " That Captain James, with his lady Jesabel,
and William Stewart (meaning the colonel), were taken to
be the persecutors of the Church; but that now it was seen
to bo the king himself, against whom he denounced the curse
that fell on Jeroboam, — that he would die childless, and be
the last of his race." This man called before the council con-
fessed the speeches, and proudly maintained the same ; for
which he was likewise committed. Vv atson, upon promise
to amend and behave himself more dutifully, was suffered to
return to his charge ; but the business with the other took
a longer time, as we will afterwards hear.

A few days before this parliament deceased Mr John
Spottiswoode, superintendent of Lothian, a son of the house
of Spottiswoode in Merse, within the barony of Gordon,

336 THE HISTORY OF THE [a. D. 1585.

of which surname it seems his first progenitors were by the
arms they have common with the Gordons. His father was
killed at Floddcn, in the unfortunate battle wherein King
James the Fourth died, and he left an orphan of four years
old. When he was come to some years, his friends put him
to school in Glasgow, where he took the degree of a master
of arts ; and having a purpose to study divinity, which he
most affected, was wholly diverted from following the same
by the persecutions he saw used against those they called
heretics. So leaving the country he went into England, and
there Mling in familiarity with Archbishop Cranmer, was
by his means brought to the knowledge of the truth. Soon
after the death of King James the Fifth, he returned to
Scotland, and stayed a long time with Alexander, earl of
Glencarne, who was known to be affected that way. In his
company he came to be acquainted with Matthew, earl of
Lennox, and was by him employed towards King Henry the
Eighth, at the time that France did cast him off by the
cardinal's dealing, as we touched before. Matters succeeding
to the eai'l of Lennox his mind, and he settled in England,
he remained with him some months ; after which, longing
to visit his friends, he returned, and being known to Sir
James Sandilands of Calder, a man of great authority in
those times, he was by liim moved to accept the parsonage
of Calder, which fell then void. And living sometimes with
him, sometimes with the prior of St Andrews, in whose
company he went to France at the time of the queen's mar-
riage, ho made no great stay in any one place, till the work
of Reformation began ; at which time he took himself to re-
side in Calder, and was, how soon those troubles ended,
chosen superintendent of the churches of Lothian, Merso,
and Teviotdale, which by the space of twenty years he gov-
erned most wisely. His care in teaching, planting of
churches, reducing people and persons of all sorts into the
right way, was great, and so successful, as within the bounds
of his charge none were found refractory from the religion
professed. In his last days, when he saw the ministers take
such liberty as they did, and heard of the disorders raised in
the Church through that confused parity which men laboured
to introduce, as hkewise the irritations the king received by
a sort of foolish preachers, he lamented extremely the case of

A. D. 1585.] CHURGH OF SCOTLAND. 337

the Chureli to those that came to visit him, who were not a
few, and of the better sort. He continually foretold, that
the ministers by their follies would bring religion in hazard,
and, as he feared, provoke the king to forsake the truth ;
therefore wished some to be placed in authority over them
to keep them in awe; "for, the doctrine," said he, "we profess
is good, but the old policy was undoubtedly the better ; God
is my witness, 1 lie not.'' And that these were his ordinary
speeches some two years before his death, many then alive
could witness. He was a man well esteemed for his piety
and wisdom, loving, and beloved of all persons, charitable to
the poor, and careful above all things to give no man offence.
His happy life was crowned with a blessed death, which hap-
pened the fifth of December 1585, in the seventy-sixth year
of his age.

But to return to the history. The king having settled
with the noblemen, was very desirous to be at rest with the
Church, and for that effect called some of the principal min-
isters to a conference, wherein certain articles were agreed
for the better ordering of all ecclesiastical affairs ; the full
determination thereof being remitted to the General Assembly
of the Church, which was appointed to meet at Edinburgh the
tenth of May following. In the mean time. Maxwell, puffed
up with the victory at Stirling, the praise whereof he ascrib-
ed wholly to himself, grew so insolent, as that the next
Christmas, taking with him a company of lewd and dissolute
persons, he went in procession from Dumfries to the College
Church of Lincluden, and caused a mass to be said. Com-
plaint being made to the king, he was brought before the
council, and committed to the castle of Echnburgh, where he
remained some months. This gave occasion to the proclama-
tions which followed against priests, Jesuits, and trafficking
papists, who were all commanded to leave the country before
a certain day, under pain of death.

Whilst these things were adoing, Mr Andrew Melvill, to
be revenged of the bishop of St Andrews, who had devised,
as he imagined, the acts made in the parliament 1584, and
penned the declaration thereafter published, did in a synod
bolden at St Andrews raise a new stir, calling a number of
barons, gentlemen, and ministers together, as to a synod.
Mr James Melvill, his cousin, made the exhortation, ir^

VOL. II. 22

338 THE HISTORY OF THE [a. D. 1586.

which, after a bitter invective against tlie devisers of the
foresaid acts, he admonished the assembly to censure hhn
that was known to have had a chief hand therein, meaning
the bishop. The exhortation ended, Mr Robert Wilkie,
professor of philosophy in St Leonard's, was chosen modera-
tor ; and the doctrine, as their manner was, being approved,
it was proponed that, according to the admonition given
them, they should proceed in censuring the bishop. The
opinions were divers ; some holding it dangerous, and doubt-
ing what might be the consequence of it ; others inquiring if
he was cited to the diet ; a third sort, more zealous than the
rest, cried out that it was the cause of God, in which no man
ought to forecast or fear any danger, and that a citation
needed not where the iniquity was so manifest ; or if that
was thought necessary, that he might be warned to the next
session, being then in the city. This course was held most
formal, and so was he ordained to be cited.

In the afternoon he compeared, and protesting that he did
not acknowledge that judicatory, desired to understand what
they could charge him with, that he might justify himself.
They, misregarding the protestation, did accuse him of de-
vising the statutes made in the year 1584 ; of penning the
declaration published thereafter by his majesty ; of traducing
the brethren that fled into England in the time of his ambas-
sage, and a number the like. To this the bishop, repeating
his protestation, answered, " That the statutes were not of
his devising, but when they were proponed, he gave his
opinion that they were good and lawful acts, and therein had
served his conscience." At this word a confused clamour
was raised, that he was a man of no conscience, the very
second act of that parHament being an express confirmation
of popery, in so far as by it the dignity and authority of the
three Estates was ordained to stand unaltered according to the
ancient custom of the realm. " This," said they, " is a ratify-
ing of the episcopal jurisdiction, according as it was in time
of popery." The bishop replied, " That the bishops were not
by themselves an Estate, but they represented in a part the
Estate of the Church, which was ever reputed the first Estate
of the realm since the kingdom became Christian ; and that
in the act alleged, no jurisdiction was established ; howbeit
for the episcopal power there was enough to be said, if the

A. D. 1586.] CHUKCH OF SCOTLAND. 339

time and place were fitting. But if they had no farther to
say, he would leave them, putting them again in mind that
they were not his judges, and that these were matters too
high for subjects to meddle in," At last, perceiving they
would proceed with the censures, he appealed to his majesty,
the council, and three Estates of the realm, or any other
lawful assembly convened by his majesty, and so departed.^

When he was gone, they entered into consultation what to
do. Many were of the judgment, that after appellation there
could be no proceeding ; others thought that the appellation
was not to be regarded. The matter being put to voices, it
was concluded only by two voices more that he should pre-
sently be excommunicated. The moderator by his place was
to pronounce the sentence ; but he refused, albeit he was no
friend to the bishop at that time ; nor would any other of
the assembly take on them to do it. In end when all were
dissolving, and a great part gone forth out of the schools
(for the assembly was kept in St Leonard's), a young fellow
named Mr Andrew Hunter willed them to stay, professing
that he was warned by the Spirit to pronounce the sentence ;
and so ascending the chaii* he read the same out of the book,
a few only remaining as witnesses.

Tliis scornful and disorderly proceeding was the next day
requited in a form nothing better. Two of the bishops'
servants going to the church at the time of prayer, caused
one Mr Samuel Cunningham, cousin to the bishop, go into
the reader's seat, and pronounce the same sentence against
Mr Andrew and Mr James Melvill, and some others of the
ministers of Fife, who had been most eager and forward
against the bishop.

The appellation was sent by the bishop to the king, wherein
first he excepted against the synod as being unlawfully con-
vened ; next, against their unjust proceedings. The first he
proved, saying, " That convention was express against the
statutes of parhament, and neither convocated by his ma-
jesty's letters, nor by the bishop of the diocese ; moderated
by a laick person, that had no imposition of hands ; made up
' [In the former editions of this history, the sentence (p. 338) beginning " At this
word," &c. is left out, and the bishop of St Andrews is made to assert in a tono
«f approbation that the " very second act of that parliament is an express con-
firmation of popery." This assertion was made by the ministers opposed to him
—the followers of tho two Melvills— and is, iu fact, part of theii- charge against
him.— E.J

340 THE HISTORY OF THE [a. D. 158G.

of a company of barons, gentlemen, masters of schools and
colleges, who bare no function in the Church, and ought not
to have any suffrage in ecclesiastic assemblies, and no suffi-
cient number of ministers assisting ; who, though they had
been present, by the apostles' rule were subject to the bishop's
censure, and he not to theirs. The injustice of their pro-
ceeding he qualified, first, by their citation, which neither
contained a lawful cause, nor did allow him a reasonable time
for his appearing. 2d. That at his compearing (which was
under protestation that he did in no sort acknowledge that
judicatory) they accused him for defending his majesty's
authority in matters ecclesiastic, and for his consent given to
the statutes made in parhament 1584, which were the laws
of the king and three Estates, which they ought not to take
on them to condemn. 3d. That they transgressed the order
set down in their own assemblies, which appoints admonitions
and prayers to be used for persons before the sentence be
pronounced. 4th. That the conclusion they took to excom-
municate him passed not with consent of those who were
present, and was carried only by the voices of two ignorant
ministers. 5th. That the moderator of the pretended synod
refusing to pronounce the sentence, one Hunter, servant to
Mr Andrew Melvill, had taken on him to do the same,
alleging he was moved thereto by the Spirit of God ; which
was a conceit of the anabaptists, and ought to be severely
punished. And 6th. That ministers in their synods, were
they never so lawfully convened, may not excommunicate any
person without consent of the Church whereof he is a member.
Saint Paul (on whose example they grounded their excom-
munications) not presuming by himself to cast forth the in-
cestuous man, but writing to the Church of Corinth, that
when they were convened together they should do the same.
In end he entreated his majesty, whom it specially concerned,
to take cognition of their unruly and tumultuous proceeding,
and to consider how dangerous a thing it was to put the
spiritual sword in the hands of such men, who might possibly
attempt the hke against his majesty's self and others of the
council."

When the king heard of this business, he was greatly
commoved ; yet, because the diet of the Assembly was ap-
proaching, he thought best to continue the matter to that

A. D. 1586.] CHURCH OF SCOTLAND, 341

time ; where, instead of examining the process, or discussing
the bishop's appellation, a transaction was made in this sort.
That the bishop, by his handwriting or personal appearance
in the Assembly, should deny that ever he pubhcly professed
or meant to claim any supremacy, or to be judge over other
pastors and ministers, or yet avowed the same to have a
ground in God's word ; and if so he had done, it had been an
error against his conscience and knowledge. That he should
also deny, that in the last synodal assembly he did claim to
be judge of the same ; and if he had done it, that he erred
therein, and in his imperious behaviour and contempt of the
said synod. That, thirdly, he should promise to behave him-
self better in time coming, and crave pardon for any over-
sight by him committed, claiming no farther than justly he
might by God's word : and in all other things carry himself
as a moderate pastor ought, labouring to be the bishop de-
scnbed by St Paul, submitting his life and doctrine to the
judgment and censure of the General Assembly, without any
reclamation, provocation, or appellation from the same in any
time coming. That the Assembly on the other part, for his
majesty's satisfaction, and to give testimony of their willing
minds to obey his highness so far as they could, and in con-
science they might, and for the good hope they had of his
majesty's favourable concurrence in building up the house of
God, should hold the said process and sentence as undeduced,
and not pronounced, and restore the bishop, in so far as con-
cerned the said process and sentence, to the estate wherein
he was before the pronouncing of the same ; especially be-
cause the said process was led and deduced during the time
of the conference, whereupon his majesty had conceived
offence, with this proviso always, that the bishop should ob-
serve what he promised in the premises, and carry himself
dutifully in his vocation in all times thereafter.

What should have moved the king to hearken to a media-
tion so prejudicial both to his own authority and the episco-
pal jurisdiction which he laboured to establish, cannot well
be conjectured ; except we will think, that by yielding to the
Church's advice in this particular, he hoped to win them in
end to those things which served for his peace and their own
quietness ; or, which I rather believe, that he did only tem-
porize, not seeing another way how to come by his ends, and

342 THE HISTORY OF THE [a. D. 1586.

was content to keep them in any tolerable terms, till he
should find himself of power suflacient to redress these con-
fusions. Whatsoever the reason was, the bishop did set his
hand to the conditions proposed by the Assembly, and receiv-
ed that declarator for an absolution. Yet did not this
satisfy the adverse party, who peremptorily urged the jus-
tifying of their process, with the confirmation of the sentence
they had pronounced ; which when they could not obtain,
the same Hunter that pronounced the sentence protested
publicly against the Assembly's proceeding, and that, not-
withstanding the absolution granted, the bishop should still
be esteemed as one justly delivered to Satan, till his conver-
sion were seen to be true and effectual : unto which protesta-
tion Mr Andrew Melvill and Mr Thomas Buchanan did
adhere.

A motion was made in the same Assembly for censuring
the ministers that had allowed the acts concluded in the
parliament 1584 by their subscriptions ; but they were found
to be so many, as it was feared the urging thereof would
breed a schism and division in the Church : wherefore after
some altercation the matter was left, and all the ministers
exhorted to judge charitably one of another, notwithstanding
their diversity of opinions.

The articles agreed upon in the conference with certain
ministers, whereof the determination was remitted to this
Assembly, made more ado ; for they having condescended to
accept bishops, and to give them a chief baud in the gov-
ernment of church aflFairs, they always being subject to the
censure of the General Assembly, it was strongly opposed,
and after a long dispute concluded, that in respect the bishop
was a pastor, as other ordinary pastors are, he should for
matters of life and doctrine be tried by the presbytery and
synod, and for his commission otherwise in church affairs be
subject to the General Assembly. The secretary, justice-
clerk, with the lord privy seal and other commissioners for
the king, disassented, and made protestation, that seeing the
Assembly had gone from the articles agreed upon in the
conference, nothing either then, or at the present, concluded
should stand in force. And thus were they like to dissolve,
but that Masters Robert Pout, James Martin, and Patrick
Galloway, being directed to inform his majesty of the differ-

A. D. 1586.] CHURCH OF SCOTLAND. 343

once, tilings were drawn to this middest, tliat the bishops
and others having commission to visit churches should be only
subject to the trial of the General Assembly, and such as had
power from them, till farther order was taken. And that
where bishops and commissioners were resident, they should
preside in the meetings of presbyteries and synods, Fife only
excepted, where Mr Robert Wilkie was appointed to mod-
erate the presbytery of St Andrews until the next synod.
In the mean time was the order of the presbyteries set down,
and their power defined, the king taking no notice of their
doings in that kind.

The secretai'y, who then supplied the place of chancellor,
perceiving the king so vexed with the aifairs of the Church,
and the ministers so refractory and unwilling to be ruled, did
advise him to leave them to their own courses, saying, " That
in a short time they would become so intolerable, as the peo-
ple would chase them forth of the country." " True,"
answered the king, " if I were purposed to undo the Church
and rehgion, I should think your counsel not ill; but my
mind is to maintain both, therefore can I not suffer them run
into these disorders that will make rehgion to be despised."
This answer did show the king's love to the Church, and liis
care of the good estate thereof, which in this place I thought
was not to be passed.

In the Estate matters went not much better at this time,
and amongst others nothing gave more offence than the
acquitting of Mr Archibald Douglas by form of assize.
This man was known to be guilty of the murder of the king
his father, and had fled into England six years before. The
carl of Morton at his death, and one Binny, Mr Archibald's
own servant, who was executed about the same time, did both
declare that he was present at the doing of that wicked fact,
for which the king had often by his letters and ambassages
entreated the queen of England to have him delivered, yet
could not obtain it. At this time a remission being purchased
to him for the couceahng of that murder, with a letter of re-
habilitation, whereby he might stand in judgment and plead
against his forfeiture, he was in a jury, held the tweuty-
sLxth of May, declared innocent, and absolved of the crime.

This was done by the procurement of the prior of Blantyre,
'.vho had intruded himself m the parsonage of Glasgow,

344 THE HISTORY OF THE [a. D. 1586.

■whereof Mr Archibald had been titular, and otherwise than
by his restoring could have no right in law to retain it.
Many were grieved to see justice in that sort abused for
maintaining a sacrilegious possession ; but to have sent him
back to England, with a commission to reside there as am-
bassador for the king, which hkewise was done, was an error
inexcusable : and how he and the master of Gray, who was
chief man in that led assize, carried themselves m the queen
of Scotland's business, wherewith they were trusted, we will
hear in the end of this year.

In the isles this summer there arose great trouble betwixt
M'Neill and M'Lean, two principal men in those parts.
M'Lean, by his education in the continent, had learned
civility and good manners, and living accordingly, was in
great respect both with his own people and all his neigh-
bours about. M'Neill out of an emulation made many
quarrels to the other, and in end laid a plot to murder him
(though he had married his sister), which he went about in
this manner. He sent a message to M'Lean, offering to
visit him at his house, and to stay some days, providing he
•would come back, and make merry with him in his country,
that the world might see all injuries were forgotten, and that
they loved one another as brethren and good neighbours
ought to do. M'Lean answered, that he should be welcome,
but for his going back with him they should talk at meeting.
M'Neill receiving this answer, came the next day, and was
received very kindly by M'Lean. Some four or five days
he stayed, using the fairest shows of amity that could be
wished, and being to part homewards, entreated M'Lean to
go with him, saying, that he would leave his eldest son and
a broth er-german pledges for his safety. M'Lean upon his
importunity yielded to go, but refused the pledges, lest he
should seem to distrust him, and so went, taking with him of
the trustiest of his kindred and servants some forty -five.

They arrived in Kintyre early in the morning, and all that
day were welcomed with liberal feasting, according to that peo-
ple's custom. At night when they were gone to rest, M'Neill
beset the house wherein M'Lean and his people lay, with a
number of men, and called him to come forth and drink ; he
answered, that of drink they had too much, and that it was
then time to rest. " Yet it is my wnll," said M'Neill, " that ye

A. D. 158G.] CHURCH OF SCOTLAND. 345

arise and come forth." M'Lean hearing this began to suspect
some bad deahng, and dressing himself and his men, did
open the door ; where perceiving a company in arms, and
M'Neill with his sword drawn, he asked what the matter
was, and if he meant to break his faith. " No faith," said he ;
" I gave none, and must now have an account of you and
your friends for the wrong I have received." M'Lean had
taken that night his nephew, a httle child, to bed with him,
and being put to his defence, kept the cliild upon his left
shoulder in manner of a targe. The child cried for mercy
to his uncle ; wherewith M'Neill moved, did promise to spare
his life, providing he would render his weapons, and become
his prisoner. M'Lean, seeing no better, was content, and
thereupon was conveyed with some keepers to another
house ; all the rest (two excepted) upon the like promise
rendered themselves. The two whom he refused to spare
defended the door so desperately as neither he nor his men
durst enter, whereupon fire was put to the house, and they
burnt within the same. The others that rendered, notwith-
standing the promise given them, were all beheaded in
M'Lean's sight, some of them the next morning, and the
rest the days following. M'Lean himself had gone the same
way, but that it happened M'Neill by a fall from his horse
to break his leg, by which accident his execution was pro-
longed. In the mean time, upon notice given to the king
of that barbarous fact, a herald was sent with a charge to
deliver M'Lean to the earl of Argyle : but this availing not,
he was still detained and compelled to yield unto most un-
reasonable conditions before he got his hberty ; which was
no sooner obtained than M'Lean, to revenge himself, fell upon
M'Neill's bounds, burning and killing man, wife, and child,
without mercy, and so took a cruel revenge of the other's
treachery.

A little before this trouble in the isles, Hugh Montgomery,
earl of Eglinton, a young nobleman of good expectation,
was likewise treacherously killed by certain Cunninghams,
who envying the nobleman's worth (otherwise they could
pretend no just quarrel), did conspire his death. The chief
actors were David Cunningham of Robertland, Alexander
Cunningham of Aikct, and John Cunningham of Corsell, who
were set on work by the earl of Glencarne, upon promise

346 THE HISTORY OF THE [a. D. 1586.

that he should maintain them ; which afterwards he disclaim-
ed. This unhappy fact did cost much blood, and was after-
wards honourably revenged by Robert, master of Eglinton,
the nobleman's brother.

In the month of June was the league with England con-
cluded, which the year preceding had been carefully laboured,
and, by commissioners sent from both princes, in a meeting
at Berwick accorded in this form.

1. That both their majesties, finding by the course of the
present proceedings in foreign parts, that divers princes,
terming themselves catholics, and acknowledging the pope's
authority, were joined in confederacy for extirpating true
religion, not only within their "own states and dominions, but
also in other kingdoms, lest they should seem to be less so-
licitous for the defence thereof than were their enemies who
thought to overthrow the same, have thought it necessary, as
well for the preservation of their own persons, on whose
safety doth the weal of their subjects depend, as for the
better maintenance of the true ancient Christian religion which
they now profess, to join and unite themselves in a more
strict league than hath been between any princes their
progenitors.

2. That they should labour and procure by their best en-
deavours to draw the princes, professing the same religion,
to join and concur with them in the like defence thereof.

3. That this league should be offensive and defensive
against all that should attempt to disturb the exercise of true
religion within their kingdoms, notwithstanding of any former
leagues of friendship or amity contracted with the said at-
tempters.

4. That if any prince or state whatsoever should invade
the realms and dominions of either of their majesties, or at-
tempt any injury against their persons or subjects, upon
notice thereof given or received, neither of them should yield
aid, counsel, advice, or support, directly or indirectly, to the
said invader, notwithstanding any consanguinity, afiinity,
league, or treaty made or to be made.

6. That in case of invasion they should aid and assist each
other in manner and form following. That is to say, if the
realm of England should be mvaded by any foreign forces in

A. D, 1586.] CHURCH OF SCOTLAND. 347

parts remote from the realm of Scotland, the king, upon
signification made unto him by the queen of England, should
furnish two thousand horsemen and five thousand footmen,
or a lesser number, as it shall please the said queen to re-
quire, and should cause them to be conducted from the
borders of Scotland into any part of the realm of England,
upon the charges of the said queen. And in case the said
realm of Scotland be invaded in any part remote from the
borders of England by any foreign force, the queen of Eng-
land, upon requisition made to her by the king, should furnish
three thousand horsemen and six thousand footmen, or a
lesser number, at the option of the said king, and shall cause
them to be conducted to any part of the realm of Scotland,
upon the king's charges.

6. That in case the invasion should be upon the north
parts of the realm of England, within sixty miles of the
borders of Scotland, the king, being required by the queen,
should gather all the forces he could make, and join with the
English power for pursuing of the said invaders, and keep
them together for the space of thirty days, or so much
longer (if it be required) as the subjects of Scotland are
usually accustomed to stay in the fields for the defence of
their own kingdom.

7. That upon any invasion or trouble arising in the realm
of Ireland, the king, upon notice given to him thereof, should
not only inhibit the repair thither of any of the inhabitants
of Argyle, isles, and places adjacent, or any other parts of his
dominions ; but also, if it shall happen them, or any of them,
to go into Ireland with a number extraordinary, and in hos-
tile manner, the king, upon signification of the same, should
denounce them his rebels, and pursue them as traitors.

8. That neither of their majesties should hereafter aid,
supply, assist, or entertain the rebels or adversaries of the
other, nor permit them to reside either privately or publicly
in any part of their dominions ; but upon the first requisition
of the prince to whom they are rebels they should undelay-
cdly be delivered according to the old leagues and treaties,
or then expulsed forth of their domuiions, and redress made
for any injuries they should happen to commit during their
abode in the same.

9. That all controversies about matters of borders or

k

348 THE HISTORY OF THE [a. D. 1586.

wrongs committed in the marches since the time of the
king's accepting the government in his own person, and by
the space of four years preceding, should be friendly deter-
mined and satisfied at the sight of commissioners to be ap-
pointed on both sides, who should meet at the confines
within six months after the date of the presents, and decide
thereupon.

10. That neither of their majesties should enter into any
league or treaty (without the consent of the other, by letters
signed with their hands under their privy signet) with any
other prince or state whatsoever, to the prejudice of the
present treaty.

11. That all former treaties betwixt their majesties' pro-
genitors and both realms, notwithstanding any discontinuance
thereof, should stand in full force, so far as they should not
be found derogatory to the present treaty ; and that this
treaty should not infringe any league made by either of
their majesties or their progenitors with other their friends
and confederates in any time bygone, the cause of religion
only excepted, wherein the present league is declared to be
offensive and defensive.

12. That both their majesties should confirm the league by
their oaths and great seals, which should be interchanged,
and mutually delivered to others.

13. Lastly, that the king, at his coming to the perfect age
of twenty-five years, should cause the present league to be
ratified by the States of the kingdom ; likeas the queen at
the same time should cause it to be confirmed in her parlia-
ment of England.

These were the articles of the league concluded at Ber-
wick, and signed by Francis Earl Bothwell, Robert Lord
Boyd, and Sir James Home of Cowdenknows, commissioners
for the king ; as likewise by Edward earl of Rutland, Wil-
liam Lord Evers, and Sir Thomas Randolph, commissioners
for the queen of England.

It was believed that this amity contracted with such de-
liberation should have continued firm ; for, besides the pub-
lic league, the queen had sent to the king a letter under her
own hand, wherein she did faithfully promise to suffer nothing
to be done that might derogate or prejudge his right and

A. D. 1586.] CHURCH OF SCOTLAND. 349

title to the crown of England ; and, for a farther demonstra-
tion of her kindness, had presented him with a gift of an-
nuity answerable to the lands possessed by the Lady Lennox
in her time, which the king by divers ambassadors had for-
merly required as due to him. Yet a few months after,
brake out a business that put them in worse terms than
before, and was with no small difficulty pacified; the story
whereof shall next be related.

The queen of Scots being touched in the trial of Babing-
ton's conspiracy, as having interchanged divers letters with
him, a consultation was kept concerning her, and what was
fittest to be done ; for they considered that all the conspira-
cies made against the queen of England, being chiefly in-
tended m hope of the Scottish queen her succession, so long
as she lived, their sovereign should never be secured, and
that therefore the surest course was to put her out of the
way ; but how this should be done, the opinions were differ-
ent. The earl of Leicester advising to despatch her secretly
by poison, Secretary Walsingham did mightily oppose it, as
that which would draw upon the queen both danger and dis-
honour, and besides in itself was a thing unjust, and no
better than a cruel murder. Wherefore his opinion was,
that the course of law should be kept, and commission given
for making her process, and, as the trial should prove, for
giving sentence and judgment. This opinion prevailing,
certain noblemen, counsellors, and judges, were chosen for
the business, who meeting at the castle of Fotheringay
(where the queen of Scots was kept) the eleventh of October,
and calhng her before them, did charge her with the said
conspiracy, and intercourse of letters. She refusing to answer
and be tried as a subject, being herself an absolute queen,
they not the less went on, and finding her guilty, pronounced
the sentence of death, which was shortly thereafter confirmed
by the Estates of parliament, and a supplication therewith
delivered to the queen for putting their decree in execution.

How soon the king was advertised hereof, he sent WiUiam
Keith, gentleman of his chamber, to the queen, with a letter
to this effect. " That howbeit it seemed strange to him that
the nobiUty and counsellors of England should take upon
them to give sentence upon a queen of Scotland, and one
descended of the royal blood of England ; yet he would

350 THE HISTORY OF THE [a. D. 1586.

think it much more strange, if she should stain her hands
with the blood of his mother, who was of the same royal
condition with herself, and of the same sex; which as he
could not believe would enter into her heart to do, so if it
should be, he desired her to consider how much it touched
him in honour, that was both a king and a son, to suffer his
mother, an absolute prince, to be put to an infamous death."

No answer being returned to this letter, upon new adver-
tisement that the queen was like to be drawn by the impor-
tunity of her Estates to give way to the execution, he wrote
to William Keith more sharply, " requiring him to show the
queen how unjust he held that proceeding against his mother,
and that it did neither agree with the will of God, who pro-
hibiteth to touch his anointed ones, nor with the law of nations,
that an absolute prince should be sentenced and judged by
subjects ; and if she would be the first to give that pernicious
example of profaning her own and other princes' diadems, to
remember her, that both in respect of nature and honour it
eoncerned him to be revenged of so great an indignity ;
which if he should not do, he should peril his credit and rep-
utation both at home and abroad, and therefore willed him
for to labour for a delay, until he should send an ambassador
with overtures that might content and satisfy her majesty."
For, by a letter, sent from Mr Archibald Douglas, that
stayed as lieger in England, he found him not well disposed
in the business, and thereupon resolved to employ a more
honourable person, and one of greater trust.

WiUiam Keith having entreated the queen for a delay,
when as he could not obtain the same, did show her the
direction he had received from the king : at which she grew
into such a passion, that if Leicester and others of the council,
who stood by, had not pacified her (saying that the king did
only request that his mother might be well used, which was
a thing natural, and in him an honourable part, and that
some ill-affected persons possibly had stirred him up to write
so sharply), she had simply refused him any more hearing.
But after she had calmed a httle she said, " That she would
give no answer in anger, and would think of it to the next
morning," At which time calling him again, she said, " that
no precipitation should be used, and if any did come from the
king within a few days, she would stay all proceeding to

A. D. 1580.] CHURCH OF SCOTLAND, 351

that time, and be gLad to hear such overtures as might save
the queen of Scots' life, and assure her own."

The king, advertised of this, and conceiving some hope
that matters would draw to an agreement, wrote of new to
the queen, and showed, " he was sorry to understand that
his letter sent to WiUiam Keith had been construed as if he
did threaten her and her Estates, whereas his purpose was
only to inform her of the rumours going in the country, and
how much his subjects were moved at those forms of proceed-
ing with their queen. That for himself, he knew well enough
how hardly she was pressed, by objecting unto her the peril
of her own life ; and that he never blamed her directly for
any thing that was done. Therefore prayed her to account
him her most honest and steadfast friend, since he never had
nor should deserve any other at her hand, and that for his
sake she would continue any proceeding against his mother
till his overtures should be heard, which the master of Gray
should bring with him, who was to take journey on the Sat-
m'day following."

This letter was speedily carried to the queen, which gave
her some content ; for thereby she perceived the rumours to
be vain which were dispersed, that he was minded to break
the league, and denounce war. The king in the mean time
having convocated the Estates, and imparted to them the
case wherein his mother stood, had very liberal promises
given him, and a present supply of money granted for de-
spatch of his ambassador. And being advised by the Estates
to join Sir Robert Melvill in commission with the master of
Gray, as one that had served his mother long and was truly
affected unto her, the commission was given to them both,
and they put in equal trust. So parting from Halyrud-
house the twentieth of December, they came to London the
penult of the month.

The next day Mr Archibald Douglas being sent to desire
audience, the same was refused, upon information that they
had been with Monsieur Bellieure, the French ambassador,
who was employed in the same errand, and had parted from
the queen in wrath ; yet the contrary being showed, and that
they refused to make any visit till they had presence of her
majesty, they had access granted the first of January. At
their first meeting she quarrelled the letter sent to William

352 THE HISTORY OF THE [a. D. 1586.

Keith, asking if they were sent with the Uke threats. They
answering that his majesty's letter might receive a good con-
struction; and that he had interpreted himself by another
directed since that time to her majesty's self, she brake
' forth into these speeches : " I am unmeasurably sorry that
there can be no means found to save the life of your king's
mother and assure mine own : I have laboured to conserve
the hfe of us both, but now I see it cannot be done." The
ambassadors replied, that the case was nothing so desperate,
and that means would be found to put her majesty in assur-
ance ; yet because they perceived her to be somewhat com-
moved, they did not think meet to enter at that time more
deeply in the business.

At their second audience, which was on the tenth day, the
queen begun with them in this sort : " A thing long looked
for should be good when it cometh ; I would now hear what
are your king's offers." The master (as having the first
place) answered, " No man makes offer, but for some cause.
If it like your majesty, we desire to know if the person be
extant for whom we offer (for the rumour went constantly
that the execution was past.)" " As yet," said the queen,
" I think she be ; but will not promise you an hour."
" Nay," said the master, " we come not to shift, but to offer
from our sovereign whatsoever in reason can be required ;
specially that he shall interpose his credit in behalf of his
mother, and give the chief of his nobility for pledges, that no
plot nor practice should be contrived against your majesty
with her knowledge or privity : or if that be not sufficient,
and that it shall please your majesty to set her at liberty,
and send her into Scotland, a course shall be taken for secur-
ing your majesty from all such attempts by her occasion."

The queen calling the earl of Leicester, with the lords
admiral and chamberlain, who were nigh by, repeated in
their hearing these offers, setting them all at nought. Where-
upon the master took occasion to ask, " What should move
any man to attempt against her majesty for the queen of
Scots?" " Because," said the queen, " they think she shall
succeed to me, and that she is a papist." " And if these
means shall be taken away," said the master, " apparently
the danger will cease." " This," says the queen, " I would
be glad to understand." " If her right of succession to Eng-

A. D. 158G.] ciiuncH of Scotland, 353

l.irnl shall be made over in our sovereign's person," said he,
" papists will have no more hope ; and this I think the queen
his mother will dimit and resign to him." " But she hath no
right," said the queen, " for she is declared incapable of suc-
cession." " And if she have no right," said the master, " the
hope of papists ceaseth, and so it is not to be feared that they
will enterpi'ise for her." " But the papists," said the queen,
" do not allow our declaration." " Then let it fall," said he,
" in the king's person by her assignation."

The earl of Leicester objecting that she was a prisoner, and
could not dimit, the master answered, " That the dimission
being made to her son, with the advice of all the friends she
hath in Europe, in case (as God forbid) the queen by any at-
tempt should be cut off, she would have none to partake with
her against her son, all the princes her friends standing obhged
for her resignation, that it should be valid and effectual to
her son." The queen making as though she did not under-
stand him, the earl of Leicester said, that the ambassador's
meaning was, that the king should be in his mother's place.
" Is it so ? " says the queen, " then I put myself in worse
case than before. By God's passion (this was her oath) that
were to cut mine own throat ; he shall never come in that
place, and be party to me." The master answered, " that he
would be more party if he should come in his mother's place
through her death." " Well," said the queeu, " tell your
king what I have done for him, to keep the crown on his
head since he was born, and that for my part I mind to
keep the league that stands betwixt us, which if he break, it
shall be a double fault." And with these words she made
away. Sir Robert Melvill following her, requested for
some eight days' continuance of the execution ; whereunto
she answered, " Not an hour."

The king advertised of this conference, and that nothing
but extremity was to be expected, wrote with his own hand
to the master of Gray as followeth : " Reserve yourself no
longer in your dealing for my mother, for you have done it
too long, and think not that any thing will do good if her
life be lost, for then adieu with farther dealing with that
state. Therefore if you look for the continuance of ray
favour, spare no pains nor plainness in this case, but read my
letter written to William Keith, and conform yourself wholly

VOL. II. 23

354 THE HISTORY OF THE [a. D. 1586.

to the contents thereof ; and in this let me reap the fruits of
your great credit there, either now or never. Farewell."

But before this letter came unto the master, he was drawn
upon another course, and made more cold in the business, and
(as the fame went) had taken upon him to pacify the king,
though the execution proceeded. Meanwhile the earl of Lei-
cester wrote to the king a letter, wherein not obscurely show-
ing what was resolved, he advised liim to deal more moder-
ately in that matter of his mother, her cause not being worth
the losing of such a friend as the queen his sovereign was.
" For, albeit, no man," said he, " can blame your majesty to
speak for the safety of your mother's life ; yet, under your
favour, your majesty being a prince and a king, you ought
to weigh without partiality the case of other kings and princes,
as if it might be your own. Justice should in the bosom
of all princes have such place, that howsoever affection may
draw them, if the thing which any of them doth for the
preservation of their own life and estate be warranted, it
ought to be borne withal by others." And proceeding in this
manner, he said, " Let the case of the queen my sovereign
be made your majesty's, and that any king or prince being in
your hands, claiming title to your crown, would raise war
within your realm against you, or conspire with traitors with-
in your court or country to kill you ; in that case I would
fain know what would be thought fit by any faithful or good
subject of yours, that you should do to such a one. Nay,
give me leave, I humbly beseech you, to ask even of your-
self, what you would think fit in such a case ? There is no
other difference, but that this offence is done to the queen's
majesty by your mother ;" and then after a little (for the letter
is long), " if my plain speech may be without offence to your
majesty, I would wish you to think well of this case ; re-
member how near it is to you, and how much nearer it may
be to you ; it is seen to all the world wherefore the life of
our mistress is sought, whose death may be as far out of your
way as your mother's liberty hath heretofore been danger-
ous to your own estate. And if it be true which I have heard,
your majesty's self, by her will, had as well been dispos-
sessed of the possession of that you have, as defeated of any
remainder she thought to have interest in. And therefore
as kings be and ought to be jealous chiefly of their own

A. D. 1580.] ciiuncii OF Scotland, 355

estate, so I doubt not but your majesty will deeply consider
of this case of your mother's, wherein you may perform both
the office of a son and of a king. And as I have always ad-
vised you, so do I still, except for a just cause (which I am
persuaded you shall never have), give not her majesty any
cause to conceive a breach of love and friendship on your
part. She is the person and prince in the world that may do
you most good or most harm ; let no persuasion or device
make you think otherwise — the world is full of practice, and
the worst heads most busy," &c.

At the same time Secretary Walsingham writing to the
Lord Thirlstane, the king's secretary, Avith whom he kept in-
telligence, declared, " that it was wondered by all wise and
religious men in England that the king should be so earnest
in the cause of his mother, seeing all the papists in Europe
that affected the change of religion in both realms did build
their hopes altogether upon her ; and that she had showed
herself so passionate in point of religion, as she had trans-
ferred her pretended right to both the crowns unto the king
of Spain, in case the king, her son, should persist in his pro-
fession."

It is true that such informations were given out amongst
the papists, to divert the king from constancy in his pro-
fession ; but that any such translation was made by her it is
not probable, and a thing not to be believed, her declaration
at the time of her death being far other, as we shall hear :
albeit, a popish abbot, describing the life of Laurens the
cardinal, who was at that time protector of the Scottish na-
tion, affirmeth the foresaid translation to have been in his
hands, and to have been delivered to him by Count Olivarez,
the Spanish ambassador at Rome. But that doth merit
little credit : such forged titles would perhaps have served,
if the enterprise of eighty-eight had succeeded, but they are
now of little purpose.

The king perceiving by all these letters that the death of
his mother was determined, called back his ambassadors, and
at home gave order to the ministers to remember her in their
public prayers, which they denied to do, though the form
prescribed was most christian and lawful ; which was, that it
might please God to illuminate her with the light of his truth,
and save her from the apparent danger wherein she was cast.

356 THE HISTORY OF THE [a. D, 158G.

Upon their denial, charges were directed to command all
bishops, ministers, and other office-bearers in the Church to
make mention of her distress in their public prayers, and
commend her to God in the form appointed. But of all the
number only Mr David Lindsay at Leith and the king's
own ministers gave obedience. At Edinburgh, where the
disobedience was most public, the king purposing to have
their fault amended, did appoint the third of February for
solemn prayers to be made in her behalf, commanding the
bishop of St Andrews to prepare himself for that day ; which
when the ministers understood, they stirred up Mr John
Cowper, a young man not entered as yet in the function, to
take the pulpit before the time and exclude the bishop. The
king coming at the hour appointed, and seeing him in the
place, called to him from his seat, and said, " Mr John, that
place is destined for another ; yet since you are there, if you
will obey the charge that is given, and remember my mother in
your prayers, you shall go on." He replying, " that he would
do as the Spirit of God should direct him," was commanded
to leave the place : and making as though he would stay, the
captain of the guard went to pull him out ; whereupon he
burst forth in these speeches : " This day shall be a witness
against the king in the great day of the Lord : " and then
denouncing a wo to the inhabitants of Edinburgh, he went
down, and the bishop of St Andrews entering the pulpit did
perform the duty required. The noise was great for a
while amongst the people ; but after they were quieted, and
had heard the bishop, (as he was a most powerful preacher,)
out of that text to Timothy, discourse of the duty of Chris-
tians in praying for all men, they grieved sore to see their
teachers so far overtaken, and condemned their obstinacy in
that point. In the afternoon Cowper was called before the
council, where Mr Walter Balcanquel and Mr William
Watson, ministers of the town, accompanying him, for some
idle speeches that escaped them at this time, were both dis-
charged from preaching in Edinburgh during his majesty's
pleasure, and Cowper sent prisoner to Blackness.

The queen of Scots some months before having notice
given her of the sentence pronounced against her, and being
willed to prepare herself for death, was nothing thereby de-
jected, but thanking God for that her sorrowful Ufe was now

A. D. 1586.] ciiuncH of Scotland. 357

to end, entreated the queen of England by her letters for
three things. " First, that her body might be carried by her
servants into France, to be buried beside her mother. Next,
that she should not be put to death secretly, but in the pre-
sence of her servants and others, who might bear -witness of
her dying in Christ, against the false rumours which her ad-
versaries might disperse of her. Thirdly, that her servants
might have leave to go whither they would, and enjoy the
mean legacies she had bequeathed unto them in her testa-
ment." Which things she requested in the name of Jesus
Christ, by the soul and memory of Henry the VII., progeni-
tor to them both, and by the royal honour and title which
she had carried. In the same letters she complained of the
indignity done unto her in the taking away of her royal
furniture, and that her keepers did use her without that re-
spect which was due to her estate and birth. But to none
of these desires was any answer given, the queen of England
dissembling that she had received any such letter.

Yet was she much perplexed and doubtful what to do,
whether to take her out of the way or not. If she should be
spared, she doubted the noblemen who had given sentence
against her would take it ill, and perhaps run other courses
to free themselves from her maUce ; and to take her away,
she knew it would be interpreted a great cruelty on her part,
as likewise that the king her son would be sore displeased.
For, albeit, that the master of Gray at his parting from her
had in private given hopes that the king's title being reserv-
ed, and no prejudice made thereto by the sentence given
against his mother, her death would be forgotten ; yet Sir
Robert Melvill, who was joined in commission with him, had
assured her, if rigour were used, that friendship would no
longer be kept. Debating thus with herself some days upon
the most expedient, she signed a warrant for the execution,
and gave it to Davison, one of her secretaries, to be passed
the great seal : which was no sooner done than, repenting
the direction, she told him that she would take another way.
But he having before communicated the warrant with the
council, they presently sent Beal, their clerk, with the mandate
and letters to the earls of Shrewsbury, Kent, Derby, and
Cumberland, to see the same performed.

The earls, accompanied with the sheriff of the shire and

358 THE HISTORY OF THE [a. D. 1586.

justices of peace, came to Fotheringay on Tuesday the
seventh of February, and having signified the cause of their
coming, willed the queen to prepare herself to die, for that
she was to suffer the next morning. She was no way moved,
as it seemed, and said, " I did not think that Queen Eliza-
beth, my sister, would have consented to my death ; but
since it is so, death is to me most welcome. That soul is not
worthy of heaven's joys, whose body cannot endure one blow
of the hangman. Only I will request," said she, " that I may
speak with my confessor and Melvill my steward." It was
answered that her confessor would not be permitted to come
unto her, but she should have the bishop or dean of Peter-
borough, who were nigh by, to give her comfort. She re-
plied, " They are of another profession, and cannot be fit
comforters to me ; but since you will not allow my confessor
to come at me, I will comfort myself in God."

Some other speeches passed amongst them touching Bab-
ington, and her secretaries No and Curie, who had both con-
fessed the interchange of letters with Babington ; after which
the earls departed, and she calhng for supper, commanded
her servants to make haste, that she might have leisure to
set things in order. Having supped sparingly (as her cus-
tom was), she made an inventory of her goods and moveables,
setting down the names of those for whom she appointed
them ; and unto some she gave money with her own hand.
This done, she wrote unto her confessor, entreating him to
pray unto God for her, and a few lines to the French king
and duke of Guise in behalf of her servants. At the ordi-
nary time she went to bed, and slept some hours quietly ; after
which having awaked, she spent the rest of the night in
prayer.

The day beginning to break, she apparelled herself as slie
was wont to do on the festival-days, and calhng together her
servants, showed unto them her will, desiring them to take,
in good part the legacies she had bequeathed unto them,
since her means were at the time no better ; and then gave
herself wholly to devotion. About eight of the clock the
sheriff of the shire, named Thomas Andrews, entered the
chapel, where she was praying on her knees, and told her that
all was ready ; " And I am likewise," said she. Thus aris-
ing, she came forth to her chamber of presence, where she

A. D. 1586.] CHURCH of Scotland. 359

made a short speech to her servants, wiUing them to fear
God and Uve vh-tuously : and so kissing her women, and
giving the men-servants her hand to kiss, she bade them
farewell.

The earls and other gentlemen meeting her, she showed a
most cheerful countenance, nothing dejected, but looking grave
and devout, with a crucifix of ivory in her hands. As she
was going towards the hall, where she was to suffer, when
Andrew Melvill her steward did bewail his mishap, in that
he should be the carrier of the news of his lady's death into
Scotland, she said, " Do not lament, but rather be glad, for
thou shalt straightway see Mary Stewart delivered from all
her cares : you may tell them that I die constant in my re-
ligion, and firm in affection towards Scotland and France.
Hitherto thou hast served me faithfully ; and howbeit I
take thee to be in rehgion a protestant, and I myself am
catholic, yet seeing there is but one Christ, I charge thee,
upon thine account to liim, that thou carry these my last
words to my son, and show that I pray him to serve God, to
defend the catholic church, and govern his kingdom in peace,
and never to put himself in the power of another, as I have
done. Certify him that I have done nothing prejudicial to
the crown of Scotland, and will him to keep friendship with
the queen of England; and serve thou him faithfully."
With these words, some tears falling from her eyes, she
bade him farewell.

After this, she was brought to the hall, in the midst where-
of, over against the chimney (where was a great fire), a
scaffold was erected of two feet high and twelve feet broad,
having two steps to ascend : the scaffold was railed about
almost a yard high, and all covered with black cloth, as were
the chair, stools, and block, and cushions to kneel upon.
Before she went up, turning to the earls, she requested that
her servants might stand by at her death. They answered,
that their passionate weeping would disquiet her, and do no
good else. " Nay," said she, " I will promise for them, they
shall not do so : it is but a small favour, and such as Queen
EUzabeth would not deny me, to have my maids present."
She named Melvill her steward, Burgoin her physician, her
apothecary and chirurgeon, with two maids.

Being on the scaffold, and silence made, the clerk of the

360 THE HISTORY OF THE [a. D. 1586.

council did rOcod the commission, -which she listened to as it
had been some other matter. That ended, the dean of
Peterborough began to remember her of her present condi-
tion, and to comfort her in the best sort he could. She, in-
terrupting his speech, willed him to hold his peace, for that
she would not hear him. And when excusing himself that
what he did was by command of her majesty's council, he be-
gan again to speak. " Peace, Mr Dean," said she ; " I have
nothing to do with you, nor you with me." The noblemen
desiring him not to trouble her farther, she said, " That is
best, for I am settled in the ancient catholic religion wherein
I was born and bred, and now will die in the same." The
earl of Kent saying, that as yet they would not cease to pray
unto God for her, that he would vouchsafe to open her eyes,
and enlighten her mind with the knowledge of his truth,
that she might die therein, she answered, " That you may do
at your pleasure, but I will pray by myself." So the dean
conceiving a prayer, and all the company following him, she
likewise prayed aloud in the Latin tongue : and when the
dean had finished, she, in the English language, commended
unto God the estate of his afflicted Church : prayed for her
son, that he might prosper and hve happily, and for Queen
Elizabeth, that she might Uve long, and govern her subjects
peaceably ; adding, that she hoped only to be saved by the
blood of Christ, at the feet of whose picture presented on
the crucifix she would willingly shed her blood. Then hft-
ing up the crucifix and kissing it, she said, " As thy arms,
O Christ, were spread abroad on the cross ; so with the
outstretched arms of thy mercy receive me, and forgive me
my sins."

This said she rose up, and was by two of her women dis-
robed of her upper garments. The executioners offering
their help, and putting to their hands, she put them back,
saying, '•' She was not accustomed to be served with such
grooms, nor dressed before such a multitude." Her upper
robe taken off, she did quickly loose her doublet, which was
laced on the back, and putting on her arms a pair of silken
sleeves, her body covered with a smock only, she kissed her
maids again, and bade them farewell. They bursting forth in
tears, she said, " I promised for you that you should be quiet ;
get you hence, and remember me." After which, kneeling

A. D. 1586.] CHURCH OF SCOTLAND. 361

down most resolutely, and with the least token of fear that
might be, having her eyes covered with a handkerchief, she
repeated the psalm, In te, Domine, confido ; ne confundar in
cetemum. Then stretcliing forth her body with great quiet-
ness, and laying her neck over the block, she cried aloud,
In manus tuas, Domine, commendo spiritum ineum. One of
the executioners holding down her hands, the other at two
blows cut off her head, which falling out of her attire seemed to
be somewhat gray. All things about her were taken from the
executioners, and they not suffered to carry their aprons, or
any thing else with them that her blood had touched ; the
clothes and block were also burned, her body embalmed, and
in solemn manner buried in the cathedral church at Peter-
borough ; and after many years taken up by the king her
son, and interred at Westminster amongst the rest of the
kings.'

This was the end of Queen Mary's life ; a princess of
many rare virtues, but crossed with all the crosses of fortune,
which never any did bear with greater courage and magna-
nimity to the last. Upon her return from France, for the
first two or three years, she carried herself most worthily ;
but then giving ear to some wicked persons, and transported
with the passion of revenge for the indignity done unto her
in the murder of David Rizzio her secretary, she fell into a
labyrinth of troubles, which forced her to flee into England,
where, after nineteen years' captivity, she was put to death
in the manner you have heard. Nigh unto her sepulchre at
Peterborough was affixed at the time, by some friend that
bewailed her death, this inscription : —

" Maria Scotorum regina, regis filia, regis Gallorum vidua,
reginfe Angliae agnata et hasres proxima, virtutibus regiis et
animo regio ornata, jure regio frustra saepius implorato, bar-
bara et tyrannica crudelitate, ornamentum nostri seculi, et
lumen vere regium extinguitur ; eodemque nefario judicio et
Maria Scotorum regina morte naturali, et omnes superstites
reges plebeii facti morte mulctantur. Novum et inauditum
tumuh genus, in quo cum vivis mortui includuntur, hie extat.
Cum sacris enim div« Marise cineribus, omnium regum atque

' [See note at the end of this Book. — E.]

362 THE HISTOUY OF THE [a. D. 1586.

principum violatam atque prostratam majestatem hie jacere
scito. Et quia taciturn regale satis superque reges sui officii
monet, plura non addo, viator."

That is,
" Mary queen of Scotland, daughter of a king, widow of the
king of France, kinswoman and next heir to the queen of
England, adorned with royal virtues and a princely spirit,
having often, but in vain, implored to have the right due to
a prince done unto her, the ornament of our age, and mirror of
princes, by a barbarous and tyrannical cruelty is cut off;
and by one and the same infamous judgment, both Mary
queen of Scotland is punished with death, and all kings living,
ascommon persons, are made liable to the same. A strange and
uncouth kind of grave this is, wherein the living are included
with the dead ; for with the ashes of this blessed Mary, thou
shalt know that the majesty of all kings and princes lies here
depressed and violated. But because the regal secret doth
sufficiently admonish all kings of their duty, traveller, I will
say no more."

The author was not known, nor could be found out, so it
was taken away. But as soon as it was told the queen that
the execution was done, she grieved exceedingly, and put on
a mourning habit, laying all the fault upon Secretary Davi-
son, to whom she had said that she would take another way.
Meanwhile, she sent Mr Robert Gary, one of the Lord
Hunsdon's sons, to the king, with this letter of her own
handwriting.

" My dear brother, I would you knew, though not felt, the
extreme dolour that overwhelmeth my mind, for that miser-
able accident which far contrary to my meaning hath be-
fallen. I have sent this kinsman of mine, whom ere now it
hath pleased you to favour, to instruct you truly of that
which is too irksome for my pen to tell you. I beseech you
that as God and many more know how innocent I am in this
case, so you will believe me, that if I had bid it, I would have
abode by it. I am not so base-minded, that the fear of any
hving creature should make me afraid to do what is just, or
done, to deny the same ; I am not so degenerate, nor carry

A. D. 1580.] CHURCH OF SCOTLAND. 363

SO vile a mind ; but as not to disguise fits most a king.'so will
I never dissemble my actions, but cause them show^ as I mean
them. This assure yourself for me, that as I know it was de-
served, if I had meant it, I would never lay it on another's
shoulders ; and to impute to myself that which I did not so
much as think of, I will not. The circumstances you will be
pleased to hear of this bearer; and for my part, think
you have not in the world a more loving kinswoman and
more dear friend, nor any that will watch more carefully to
preserve you and your state. And if any would otherwise
persuade 3'ou, think they bear more good will to others than
to you. Thus, in haste, I leave to trouble you, beseeching
God to send you a long reign,

" Your most assured loving sister and cousin,
" Elizabeth R."

The king denying him presence, and refusing to receive
his letters, he advertised the queen, who willed him, if he
could not find access to his majesty, to deliver his message
and letters to some of the council, if it should be the king's
pleasure to take information from them. This after the de-
lay of a few days was yielded unto, and with the letters a
writing delivered to be showed his majesty of this tenor.

" Whereas the queen's majesty, my mistress, desiring to
have your majesty certified aright of the death of the queen
your mother, and in what sort the same was done, hath com-
manded me, since I am denied your presence, to declare my
message to certain of your council. I have thought best to
put it in writing, because words may be mistaken, and my
charge this way better performed. First she commanded
me to assure your majesty, that it never entered in her
thought to put the queen your mother to death, notwith-
standing the daily persuasions of her council, the supplica-
tions of the nobiUty, knights, and gentlemen, and the hourly
outcries of her poor people and commonalty, wherewith she was
wearied, and out of measure grieved to see their determina-
tion fixed that way. And that upon advertisements coming
every day unto her of the preparation of ships and men both
in France and Spain to invade her realm, and reports of the
breaking open of Fotheringay Castle, and the queen your

364 THE HISTORY OF THE [a. D. 1586.

mother's escape ; lest she should in any extremity be unpro-
vided, she had signed a warrant to her council for doing
what they thought best with your mother ; which warrant
she deUvered to her secretary Mr Davison to be kept, not
intending it should be given out of his hands, except some
invasion from abroad or insurrection of rebels at home were
made to procure her liberty. But her secretary, otherwise
than she had purposed, having showed the warrant to two or
three of the council, they called the whole number together,
and presently sent a mandate for her execution ; which was
done, she protests to God, before she knew of it. Hereupon
the secretary is committed, and will not escape her high dis-
pleasure. This is the effect of my message ; which if I could
express so lively as I did hear her utter it with a heavy
heart and sorrowful countenance, I think your majesty
would rather pity the grief which she endureth, than in
any sort blame her for the fact whereunto she never gave
consent."

This declaration gave the king no content, for he could not
think that her council would have presumed without her
own knowledge to take the Ufe of his mother ; and for the
censure of the secretary, he did esteem it but a mockery, and
not a repairing of the wrong he had received. Neither
wanted he persons about him to sharpen him to take revenge ;
some out of a desire to have all things troubled, others out of
the hatred they bore to religion, and some truly resenting
the injury as done to the whole nation. Which when the
queen understood, and that her messenger was returned
without audience, she laboured by her ministers, of whom
she was ever well furnished, to pacify his mind, and divert
him from the war he had intended. These working pri-
vately with the king's chief counsellors, and such of his
chamber as he was known to affect, dealt so as they kept off
things from breaking forth unto open hostihty, which was
every day expected. Secretary Walsingham first by a long
letter directed to the Lord Thirlstane, who was then in most
credit, and had the chief administration of affairs, proponed
divers weighty and important considerations that should
keep the king from taking any such resolution. Because the
letter contained the very true reasons that in end moved his

A. D. 1586.] CHURCH OF SCOTLAND. 365

majesty to forbear violence and take a more calm course, I
thought meet to set it down word by word, as it standeth
in the original.

" Sir, — Being absent from court when the late execution of
the queen your sovereign's mother happened, I did forthwith
upon my return impart to Mr Douglas some things con-
cerning the course was conceived here, by your said sov-
ereign's best friends, fit to be holden in this remediless ac-
cident, for continuance of peace and amity between the two
crowns, as a thing for the weal of both nations to be desired.
But finding him unwilling to meddle therewith, I have
thought good to write to the same eff'ect unto yourself. The
rather for that I presently understand, by some advertise-
ments out of that country, that the death of the queen is
likely to breed so strange an ahenation of his majesty's mind
towards this realm tending (as is reported) wholly to vio-
lence, and revenge of that which hath been so necessarily
done by the whole body of the same ; whereof as for mine
own part I should be right sorry, so it is generally hoped that
his majesty, being of that singular judgment himself, by the
good help and advice of such as you are in credit and autho-
rity about him, men of wisdom and experience, whom he
will hear, this mischief will notwithstanding be carefully and
prudently prevented, considering how every way, all things
being rightly weighed, this course will be found prejudicial
as well to your said sovereign's estate as to his reputation,
if he resolve to persist therein.

" For, first, the enterprise will undoubtedly be condemned
in the sight of all such as shall not be transported with some
particular passion : for that they shall see that he takes arms
for revenge of an action, besides the necessity wherein it is
grounded, full of so honourable and just proceedings, as how-
soever the effect was contrary to their liking, the manner
thereof by the late queen's gr^at favourers could not but be
approved and allowed. And as on the one side, the king
your sovereign oppugning the course of justice, of so unlaw-
ful, unjust, and desperate a quarrel, cannot be expected any
other thing than a most unhappy and miserable issue ; so we,
being assured that in the defence of justice the assistance of
his mighty arm will not fail us whose judgment this was,

366 THE HISTORY OF THE [a. D. 1586.

need not to fear whatsoever man shall attempt to the contrary
against this realm.

" But not to stand upon the justness of the quarrel, which
every man perhaps will not so much regard, it would be con-
sidered what means your sovereign shall have to go through
with such an enterprise, if he take it in hand. For the
forces of his own realm being so far inferior to these in Eng-
land, no man is so simple but seeth it were no way safe for
his majesty, trusting only thereto, to make head against the
power of this land ; neither is it thought that any man will
be found so unadvised as to wish him so to do.

" But as it may be that a great number, for lack of under-
standing, are carried away with such vain discourses, as some
without solid ground imagine of what might be done in this
case by a king of Scotland backed and assisted (as they con-
ceive in the air) with the French and Spanish aid ; so it is
likely enough there shall not want those that, either for sat-
isfaction of their private passions, or supply of their necessi-
ties, or better effectuating some other their private designs,
would be content to serve themselves of this present public
occasion and opportunity ; who Avill propound, and promise
also, more to his majesty of such foreign assistance than they
know in their consciences can be performed, if he would de-
clare himself enemy to this realm ; which that he should
(though to his own ruin) the enemies of both realms will do
what they can to procure.

" But men of wisdom and understanding, laying before their
eyes as well the accustomed delays, and after long solicitation
and pursuit the simple supplies and support commonly found
at these foreign potentates' hands ; as also, how doubtful and
uncertain the success of war may prove, England (God be
thanked) being so prepared, and in case to defend itself, both
otherwise and by the conjunction of Holland and Zealand's
forces by sea, in respect whereof this realm need not fear
what all the potentates of Europe being banded against us
can do for to annoy the same ; due consideration, I say,
being taken hereof, you will easily judge and find how vain
it were for your sovereign upon so uncertain hopes to em-
bark himself and estate in an unnecessary war. But much
more if you shall consider what a sequel and train of dangers
and hazards this war draweth therewith, the consequence

A. D. 1586.] CHURCH of Scotland. 307

wliereof reacheth to whatsoever your sovereign possesseth or
hopeth for in this hfe. For escaping to be slain in field, if he
should happen to be taken prisoner, or be constrained to re-
tire himself out of the realm (things that have fallen out oft
in experience), and then, having incensed this whole realm
against him, he should be disabled from any right in the
succession of this crown (as authority is given to do it by the
same statute whereby they proceeded against his mother) for
attempting the invasion of this land, what extremity should
he be reduced unto !

" And truly it could not otherwise be, the ancient enmity
between the two nations, now forgotten, being by drawing
blood one of another again likely to be in such sort revived,
as it would be impossible to make them like of a prince of
that nation, and specially him who had been, upon so unjust
a ground, the author of that unfortunate breach.

" Besides that the greatest part of the ancient nobility, by
whose judgment the late queen was condemned, and the rest
of the principal gentlemen of the realm, who confirmed the
same in parliament, should have just cause to adventure any
thing, even to the marching over their bellies, rather than
to yield to his government, who, carrying such a vindictive
mind, they might doubt would one day call their lives and
honours in question.

" And as for the remedy and relief which he might attend
(standing in these terms) of foreign princes, there are many
examples of the former ages, and within fresh memory. As
the king of Navarre's grandfather by the mother's side, and
Christiern, king of Denmark, both were aUied to Francis the
First and Charles the Fifth, two of the mightiest potentates
that reigned in long time. And that this present Don An-
tonio may sufiice for ensample to teach all princes, if they
can avoid it, to beware how they fall into that state whereby
they shall be enforced to seek their own by other potentates'
means. Princes are not so ready in these days to embrace
"Other men's quarrels, but where they are extraordinarily in-
terested in their own fortunes,

" Wherefore I doubt not but it will be seen by men of
judgment, not transported with passion, or led away with
private respects, that it should be every way the only best
course for your sovereign, by a good and kind usage of her

368 THE HISTORY OF THE [a. D. 1586.

majesty, and by showing that princely moderation, as well in
this grievous accident of his mother's death, as his whole
proceeding with this realm (which the excellency of his
highness's education seemeth to promise), to seek to win the
hearty good will of this realm, as the chief and principal as-
surance he can in any sort obtain. For to trust or depead
either upon the French king or the king of Spain, as if by
their assistance he might attain to the present possession of
this crown, which be indeed the only two potentates whom
he must have recourse unto, if he reject the amity of Eng-
land ; whosoever shall so counsel your sovereign, as things
presently stand, shall, in the judgment of men of best under-
standing, bewray great want either of fidelity or judgment,
drawing his majesty unto so untoward and desperate a course.
" For it is no way safe for any prince to repose his trust
and strength upon their favour and assistance to whose de-
sires and designs his greatness may yield any impeachment
and hinderance : so were it clearly against common reason to
expect other support and assistance from them than might
stand with their own commodities and pretensions, in respect
whereof neither of